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HomeMy WebLinkAboutcoa.lu.ca.Lighting.A094-99A094-99 Lighting Code Amendment PARCEL ID: DATE RCVD: 10/22/99 # COPIES:F-- CASE NO A094-99 CASE NAME: Lighting Code Amendment PLNR: IStephanie Millar PROJ ADDR: CASE TYP: ICode Amendment STEPS:F— OWN/APP: City of Aspen ADR C/S/Z I PHN: REP: ADR: C/S/Z: PHN: FEES DUE: FEES RCVD: STAT: F REFERRALS REF:— BY[— DUE: MTG DATE REV BODY PH NOTICED i I f DATE OF FINAL ACTION: 111/22/99 REMARKS Counted 12/1/99 CITY COUNCIL: Ord 99-47 PZ: Reso 99-31 �'; CLOSED: 12/17/99 BY: i� Lindt BOA: DRAC: PLAT SUBMITD: PLAT (BK,PG):� ADMIN:) • to 9 Memorandum To: Aspen Planning and Zoning Commission Thru: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Community Development DirectoLJ� From: Stephanie Millar, Senior Long -Range Planner (, 7� Date: September 28, 1999 Re: Lighting Ordinance Summary The City of Aspen has experienced an increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. The draft Lighting Ordinance is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting and light trespass. Background The City Council of the City of Aspen requested that a lighting ordinance be drafted and considered as a code revision. Staff held a work session with the Planning and Zoning Commission on April 20, 1999 and identified the issues the Commissioners wished to see addressed. Staff was directed at that time to utilize Basalt's recently adopted ordinance as a model and to build upon that work to meet Aspen's needs. Referral Comments: The draft Lighting Ordinance was presented to the Development Review Committee at a meeting on August 11, 1999. All interested departments were invited to review the ordinance and comments were received from Engineering, Building, and the City 0 Attorneys Office. At that time and during other meetings with Community Development staff, issues were identified related to the strength of foot-candles allowed, where foot- candles are measured from, exemption procedures, up -lighting, maximum spacing of fixtures and other such issues. The ordinance received several rounds of edits and reviews. In addition, following all internal City review, the draft ordinance was reviewed by Chris Myers, local lighting consultant and co-author of the Lighting Ordinance for the Town of Basalt. The resulting document is attached. REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and staffs evaluation of the potential amendment relative to them are provided below, with the standard in italics followed by the staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The proposed amendment does not impact land uses or zone districts per se, and the lighting limitations protect existing neighborhood character. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment will not have any effect on traffic generation and will improve road safety by reducing night lighting glare. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an effect on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. I • • RESPONSE: The proposed code amendment is not anticipated to have a negative effect on the natural environment. In fact, staff believes that by establishing a limit to lighting levels and related glare, there should be less visual impact on the surrounding natural environment and wildlife. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Staff believes that limiting the lighting levels in the City of Aspen will protect visibility of the night sky and maintain the small town feel of the community, two features highly valued by local residents. Lighting levels will still be adequate by national standards and it will not compromise community safety. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: There has been no significant change in Aspen's general character. The concern that prompted this ordinance was a desire to protect the character of Aspen and the visibility of stars in the night sky. This is one of many land use code amendments staff will be bringing before the commission throughout the year. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment would be in harmony with the public interest by ensuring the continued health, safety and welfare of Aspen residents and visitors while maintaining visibility of the night sky and protecting the small town community character. Recommendation Staff recommends approval of this ordinance. Recommended Motion "I move to recommend to City Council Resolution Number 24, series of 1999 which amends the land use code by establishing a lighting ordinance for the City of Aspen." C:/mydocs/l ighting/pzmemo.doc 0 0 0 City of Aspen Draft Outdoor Lighting Ordinance Supplemental Regulations 26.575.150 Sub -Sections: A. Intent and Purpose. B. Applicability. C. Definitions. D. Lighting Plans. E. Non -Residential Lighting Standards. F. Residential Lighting Standards. G. Street Lighting Standards. H. Exemptions. I. Prohibitions. J. Nonconforming Lighting. K. General Requirements L. Review Standards. M. Procedures. A. Intent and Purpose. The City of Aspen has experienced a significant increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting. B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City of Aspen. Existing outdoor lighting shall be considered legal non- conforming lighting for three years from the adoption date of this ordinance. C. Definitions. (a) Fully Shielded Light: light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct Page 1 Draft Lighting Ordinance 09/23/99 0 0 0 light in order to conform with the definition. Exemptions from this definition may be allowed for aesthetic lighting elements such as shades with perforated patterns and opaque diffusers. (b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. (d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards. (e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). (f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. D. Lighting Plans. (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application, and building permit application for a commercial or multi -family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: (1) The location and height above grade of light fixtures; (2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and (5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Article. (b) Single family and duplex building shall be in compliance with the standards of Section 26.575.090. Page 2 Draft Lighting Ordinance E. Non -Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light level shall not exceed 10 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20 foot-candles. . (b) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: • Fully shielded with a non-adjustable mounting; or • Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or • Building mounted lighting directed back at a sign or building fagade; or • Lighting on above grade decks or balconies which shall be fully shielded. (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be. allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section. (d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of 175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp — 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. (e) Security and parking lot light fixtures that are pole mounted shall be spaced at no less than 75 ft. Fully shielded aesthetic or decorative fixtures are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Aesthetic or decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Aesthetic or decorative fixtures that are not shielded shall maintain a minimum spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination of lamp posts and wall fixtures, minimum spacing shall be 75 ft. and a maximum of 150 ft. (f) Pole mounted fixtures shall be limited to two light sources per pole. Decorative fixtures may be exempted from this requirement up to a maximum of three light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the Page 3 Draft Lighting Ordinance 09/23/99 residential standards on those floors or areas that are more than 50% residential based on square footage of uses. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. (i) Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside a 15-ft. radius. 0) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. F. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: (a.) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: • Fully shielded with a non-adjustable mounting; or 0 Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or • Building mounted lighting directed back at a sign or building fagade; or • Lighting on above grade decks or balconies which shall be fully shielded. (b.) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 50 watts. (c.) All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. (d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. (e) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Photo -cell or timer controlled flood lights shall be prohibited. 4. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that prevents light trespass 5. Light intensity shall not exceed 10 foot-candles measured 3 ft. above Page 4 Draft Lighting Ordinance 09/23/99 finished grade. 6. No light fixture shall be greater than 12 feet in height. Exceptions are: (a.) Tree mounted fully shielded, downward directed lights using a light of 25 watts or less, and (b.) Building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less. (f) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owners property lines. (g) Light trespass at property lines should not exceed .1 of a foot-candle as measured at the brightest point. G. Street Lighting Standards. All lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards: (a) Street Light fixtures shall be approved jointly by the Community Development and Water Department Directors and shall comply with the guidelines of this ordinance. H. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Section, including those requirements pertaining to Zoning Officer review. 1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including the Thanksgiving Holiday and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare including but not limited to traffic control devices and construction lighting. 3. 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 not more than fourteen (14) days from the date of issuance of a written and signed statement of approval or a time period to be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type, use and purpose of outdoor lighting fixture(s) involved; C. Duration of time requested for exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp(s); f. Proposed location on premises of the outdoor light fixture(s); Page 5 Draft Lighting Ordinance 09/23/99 • g. Previous temporary exemptions, if any, and addresses of premises thereunder; h. Physical size of outdoor light fixture(s) and type of shielding provided; and, i. Such other information as may be required by the Community Development Department Director. 4. Approved Historic Lighting Fixtures. Non -conforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. As such, these fixtures should not exceed 50 watts. 5. If a proposed lighting plan or fixtures are proposed that do not meet this code but that have demonstrable community benefit per the Community Development Director, an exemption may be considered. I. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by building code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded flood lights shall be prohibited. 7. Lighting directed toward the Roaring Fork River or its tributaries. 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or City government. Page 6 Draft Lighting Ordinance 09/23/99 0 0 9. No beacon or search light shall be installed, illuminated, or maintained. 10. Up -lighting is prohibited, except as otherwise provided for in this Section. J. Nonconforming Lighting. Unless otherwise specified within this ordinance, within three (3) years of the effective date of this ordinance, all out door lighting fixtures that do not conform to requirements of this ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. General Requirements 1. Shielding, Visibility and Glare. a. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that prevents light trespass. b. The point light source shall not be visible from adjoining lots or streets. c. All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. d. Up -lighting is only permitted in non-residential areas and if the light distribution from the fixture is effectively contained by an overhanging architectural or landscape elements. Such elements may include awnings, roof overhangs, and dense shrubs which can functionally reflect illumination back to the ground. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of areas (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. e. Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each in conjunction with commercial or public use. The fixtures must be shielded such that the point source is not visible outside a 15-ft. radius. f. Outdoor lighting installation shall not exceed a maximum foot candle ratio of four to one (4:1) relative to neighboring and adjacent properties within a zone district. 2. Foot Candles. a. Landscape lighting is limited to 35 watts per fixture per 150 sq.ft. measured horizontally. b. Security lighting and flood light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. c. Sign illumination shall be allowed only in commercially zoned areas and shall 9 ^ not exceed 75 foot candles as measured at the brightest point on the sign face. No internal illumination is allowed. 3. Architectural Compatibility. a. Lighting fixtures on inventoried historic structures shall be consistent with the architectural period and design style and shall be approved by the Historic Page 7 Draft Lighting Ordinance 09/23/99 • 0 Preservation Officer, or at the discretion of the Historic Preservation Officer may be referred to the Historic Preservation Commission. L. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a. A fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded, or c. Lighting on above -grade decks or balconies, which shall be fully shielded. 2. Foot Candles. Outdoor Non -Residential (26.575.070), Sign (26.575.080), and Residential (26.575.090) Lighting Standards shall not exceed the foot candles designated in their respective sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: a. A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non adjustable mounting. M. Procedures. Special Review Procedures, see Section XXX Administrative Review Procedures, see Section XXY C: mydocs/I ighting/neword. doc Page 8 Draft Lighting Ordinance 09/23/99 0 1111111111111111 a 11111111111111 I I 111111111111111 436709 10/18/1999 11:23A RESI DAVIS SIL.VI 1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE LAND USE CODE, APPROVE THE LIGHTING ORDINANCE. Resolution #99 - 31 WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose a lighting ordinance as an amendment the land use code; and, WHEREAS, the amendment requested relate to Section 26.575.150, of the land use code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director also recommended approval of amendments r to Sections 26.515.020, 26.435.040 and 26.435.060 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed Lighting Ordinance on September 7, 1999, and continued the hearing to September 28, 1999, took and considered public testimony and the recommendation of the Planning Director and recommended, by a five to zero (5-0) vote, City Council adopt the proposed Lighting Ordinance amendment to the land use code by amending the text of sections 26.575., 26.515.020, 26.435.040 and 26.435.060 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Aspen City Council should adopt the Lighting Ordinance by amending the Land Use Code of the Municipal Code, as follows: Section 1• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council replace Section 26.575.150, in total with the following language: (see attached code language) 111111111111,111111111111111 G11:23�l I I I I I II 111111111111111 436709 10DAVIS SILVI 2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council the following code sections as follows: (Changes in italics) 26.515.020 Characteristics of off-street parking spaces and access to street or alley G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential dwellings or interfere with driver vision and shall be in compliance with the lighting ordinance in section 26.575.210. 26.435.040 Stream Margin Review Standards. 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with the lighting ordinance in section 26.575.210; 26.435.060 Hallam Lake Bluff review standards. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with the lighting ordinance in section 26.575.210. APPROVED by the Commission during a public hearing on September 28, 1999. APPROVED AS TO FORM: C4 Attorney ATTEST: )ackie Lothian, Deputy City Clerk CAmydocs/lighting/Reso.doc PLANNING AND ZONING COMMISSION: Jasmine Tygre, Vice -Chair • RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE LAND USE CODE, APPROVE THE LIGHTING ORDINENCE. Resolution #99 - 24 WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Planning Director of the Community Development Department to propose a lighting ordinance as an amendment the land use code; and, WHEREAS, the amendment requested relate to Section 26.575.150, of the land use code of the Aspen Municipal Code; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Planning Director also recommended approval of amendments to Sections 26.515.020, 26.435.040 and 26.435.060 of the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed Lighting Ordinance on September 7, 1999, and continued the hearing to September 28, 1999, took and considered public testimony and the recommendation of the Planning Director and recommended, by a ( - ) vote, City Council adopt the proposed Lighting Ordinance amendment to the land use code by amending the text of sections 26.575., 26.515.020, 26.435.040 and 26.435.060 of the land use code of the Aspen Municipal Code as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Aspen City Council should adopt the Lighting Ordinance by amending the Land Use Code of the Municipal Code, as follows: Section 1 Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council replace Section 26.575.150, in total with the following language: (see attached code language) P&Z Reso. 99-22, page 1 0 0 0 Section 2• Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends City Council the following code sections as follows: (Changes in italics) 26.515.020 Characteristics of off-street parking spaces and access to street or alley G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential dwellings or interfere with driver vision and shall be in compliance with the lighting ordinance in section 26.575.210. 26.435.040 Stream Margin Review Standards. 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with the lighting ordinance in section 26.575.210; 26.435.060 Hallam Lake Bluff review standards. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with the lighting ordinance in section 26.575.210. APPROVED by the Commission during a public hearing on September 28, 1999. APPROVED AS TO FORM: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk CAmydocs/I ighting/Reso.doc PLANNING AND ZONING COMMISSION: Robert Blaich, Chair P&Z Reso. 99-22, page 2 • MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Mitch Haas, Planner RE: Improved Outdoor Lighting Regulations --- Work Session DATE: April 20, 1999 SUMMARY: Staff has received direction from City Council to improve upon the existing City regulations with regard to outdoor lighting. To get an idea of the extent of regulation desired, staff informally surveyed City Council members and received three sets of responses. From these, there was unanimous support for regulation of the following types or areas of concern: • Street lighting; • Security Lighting (including parking areas, residential, commercial, and driveways); • Existing invasive/unshielded lighting; • Fixture types (shielded, cut-off, flood, pole -mounted, etc.); • Types of light sources (neon, incandescent, halogen, mercury vapor, halide, etc.); • Lighting intensity/illumination levels (foot-candles); • Wattages (power consumption); • Direction of illumination (down -directional, away from R.O.W., etc. --- related to "trespass"); • Fixture heights; • Glare and trespass; and, • Lighting of landscaping and water courses. There was also some, but not unanimous, support for regulation of the following types or areas of concern: • Sign lighting; • Walkway/bikeway lighting; • Lighting of exterior sports/performance facilities; • Outdoor display lighting; and, • Blinking/flashing lights, exclusive of holiday lighting. There are many highly qualified experts in the field of outdoor lighting and its regulation. Many of these experts have consulting firms that would love to have a contract to work with the community to arrive at a set of improved and comprehensive outdoor lighting regulations for the City of Aspen. In fact, one of the most widely recognized and accomplished professionals in the field, Nancy Clanton, P.E., (Clanton and Associates) is based in Boulder and has expressed an interest in working with the City of Aspen. N On the other hand, there are many jurisdictions that have hired experts and adopted comprehensive lighting regulations that staff can "borrow from" to save money and still arrive at a strong, effective set of regulations. For instance, staff has attached an annotated list/summary of outdoor lighting regulations from Aspen, Pitkin County, Basalt, Telluride, Snowmass Village, and Douglas County, as well as a model outdoor lighting ordinance done for Vermont municipalities. Staff believes that picking and choosing from these examples while modifying specifics to fit our community will result in a successful ordinance. From these examples, staff has determined that outdoor lighting ordinances address/regulate the following general areas of concern through various approaches: • Direction of illumination (shielding types, lens color, etc.); • Fixture heights; • Types of lighting sources (incandescent, neon, halide, mercury vapor, fluorescent, high and low pressure sodium, halogen, etc.); • Wattages (power consumption); • Illumination levels (foot-candles) and/or Uniformity ratios (ratio of average to minimum illuminance in foot-candles); • Fixture types (flood, full cut-off, motion sensor, etc.); • Separation distances (spacing between fixtures/sources); • Glare and trespass (via uplighting and shielding provisions); • Amount (of lamps/sources); • Time limitations (time of day lamps may be on --- i.e., sign lighting must be turned off one hour after the close of business); • Holiday lighting; • Prohibitions (i.e., no beacon/search lights, no mercury vapor or low pressure sodium, etc.); • Nonconforming lighting (lighting rendered nonconforming by new regulations); • Enforcement (by whom and how); • Fixture/source locations (i.e. setbacks from roads and residential uses, on roofs, etc.) • Lighting color (known as color rendering, usually addressed under "prohibitions") • Types of lighting installations (regulation by use); • Lighting zone districts (different standards by zone district); and, • Fixture design (usually for historic districts/areas/buildings). GOAL OF WORK SESSION: At this time, staff would like direction regarding which of the general areas of concern and approaches listed above (and in the attached documents) would this community, as represented by the Planning and Zoning Commission, support regulating (?). Staff would also appreciate commissioners reviewing the attached summaries with the intention of identifying specific ideas to suggest incorporating into Aspen's ordinance. Once the general areas/concerns to regulate are identified and general approaches are suggested, staff is confident it will be able to adequately piece together the specific code language to propose. • The following provides an annotated list/summary of outdoor lighting regulations in Aspen, Pitkin County, Basalt, Telluride, Snowmass Village, and Douglas County, as well as a model outdoor lighting ordinance done for Vermont municipalities. Basalt's regulations are recently adopted, and Snowmass Village is in the process of preparing an ordinance similar to that of Basalt. The description provided herein of Snowmass Village's regulations represent their existing provisions, not those being prepared for consideration/adoption. Note that maximum lighting levels used in most of these ordinances are based on recommendations contained in the Illuminating Engineering Society of North America (IESNA) Lighting Handbook, and staff has recently been informed that the IESNA recommendations for communities are being revised since they were producing lighting levels that were too high. The new IESNA report will be issued in a few weeks. Existing Lighting -Related Regulations in Aspen: • Supplementary Regulations: "Any light used to illuminate parking areas or for any other purpose shall be so arranged as to reflect the light away from nearby residential properties and vision of passing motorists." • Stream Margin Review: "All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope." • Hallam Lake Bluff Review: "All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope." • Planned Unit Developments (PUD): "All lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands." • Engineering Design Standards under "Subdivision": "Street lights shall be placed at a maximum spacing of three hundred (300) feet. Ornamental street lights are desirable." • The sign code (Chapter 26.36) contains the following regulations regarding lighting of signs: • "Lights permanently affixed to a building and made an integral part of the building architecturally, designed for that building, directed only at and not away from the building, and shielded in such a manner that the light source is fixed and is not directly visible from any public right-of-way or any area outside the lot on which the building is located, provided such lights are not flashing lights [are exempt from sign regulations]." • "Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations [are prohibited for erection, repair, alteration, relocation or placement in the City of Aspen]." • "Neon lights, televisions used for advertising or information, and other gas -filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view [are prohibited]." • "Search lights or beacons [are prohibited]." • 'A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot, or building other than the building to which the sign may be accessory [is prohibited]." • "Strip lighting outlining commercial structures and used to attract attention for commercial purposes, and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded [are prohibited]." • "Unsafe signs" are prohibited, including signs that cause glare or in any way obstruct the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other throughfare. • "No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view." • "Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from, and does not cast glare or direct light from artificial illumination upon, any adjacent public right-of-way, surrounding property, residential property or motorist's vision." • "Nonconforming signs which were in existence on or before May 25, 1988, shall be discontinued on or before November 25, 1988." 0 • "A home occupation identification sign may be illuminated only when it is identifying a home occupation of an emergency service nature. A multi -family dwelling complex or mobile home park identification sign may be illuminated." • In addition to the regulations described above, the City of Aspen has adopted an Electrical Code and an Energy Code as parts of the Building requirements. Pitkin County: • "All lighting shall be designed so that the lighting element (or transparent shield) is not directly visible from adjoining properties or public rights -of -way." • Maximum light source height (from the ground) and intensity (as measured at the property line) are set as follows: for public parking lots, 12%15' in height at 0-0.5 foot-candles; for pedestrian walkways and driveways, utilize pole -type lighting up to 4' in height at 0.1-0.5 foot-candles; for vehicular intersections, 20'-25' in height at 0.5-1.0 foot-candles; for high - activity pedestrian areas, 10%12' in height at 0.5-1.0 foot-candles; for security areas, less than 20' in height, designed to prevent glare onto adjacent properties, and at 1.0-2.0 foot- candles; and, for primary entrance signs, sculpture and landscape features lighting must comply with the design standards applicable to signs. • "Mounting high intensity spot- or floodlights on buildings is prohibited." • Temporary holiday decorations, including those with lights, maintained in an attractive condition that does not present a fire hazard do not require a development permit provided certain design standards are complied with. The design standards (applicable to all signs) address heights, setbacks, lettering, locations, materials, area/size, and similar parameters. • "Signs illuminated by high intensity, gas -filled lights or strings of lights are prohibited." • "Any light illuminating signs shall be indirect and arranged to reflect light away from nearby properties and the vision of passing motorists." • "The total wattage of all bulbs used for lighting the face of any sign shall not exceed seventy- five (75) watts for incandescent bulbs and forty (40) watts for fluorescent bulbs." Basalt: Regulates lighting by wattage and foot-candles, as well as by fixture type, height, and directionality. Requires submittal of Outdoor Lighting Plans with land use applications and building permit application plan sets. Outdoor Lighting Plans must include the location and height of all fixtures; the type of light source(s) (incandescent, halogen, high pressure sodium, etc.) and their respective wattage; fixture types (flood, full cut-off, lanterns, etc.); estimated site illumination in foot-candles (lighting intensity); and, "other information deemed necessary to document compliance with the provisions." Specifically regulates street lighting; non-residential and mixed use installations; sign lighting; and, residential lighting as summarized below. Street Lighting: • All fixtures must be fully -shielded • Maximum fixture heights • Minimum separation distances between fixtures • Fixture types Non -Residential and Mixed -Use: • Lighting used to illuminate parking, driveways, maneuvering areas, or buildings --- regulated in terms of glare, trespass, and illumination levels (foot-candles) • Maximum fixture heights • Fixture shielding (no clear lenses) • Fixture spacing (for security and parking lot lighting including wall mounted fixtures, aesthetic fixtures, and lamppost and aesthetic fixture combinations) • Amount of light sources (lamps) per pole -mounted fixture • Up -lighting containment Sign Lighting: • All provisions applicable to non-residential and mixed -use developments • Lighting intensity/illumination levels (no more than 75 foot-candles) N • Sign lighting in residential areas and/or residential zone districts • Time limits (i.e., must be shut off by a certain time of night) Residential Lighting: • Maximum fixture heights • Deck and balcony lighting (must be fully -shielded) • Maximum wattage levels for particular types of light sources • Maximum wattage and minimum spacing requirements for landscape lighting • Fixture shielding (no clear lenses) and glare minimization • Flood and security lighting regulated in terms of glare, trespass, fixture types (fully shielded, down -directional), and light intensity (not to exceed 10 foot-candles); photocell or timer - controlled lights are prohibited, and certain types of motion sensor lights are encouraged • Up -lighting containment Exemptions: • Holiday lighting between November I" and April 15'h • Municipal lighting of a temporary nature (up to 90 days) • Lighting for outdoor recreational facilities (subject to specified exemption review standards and requirements) • Procedures for exemptions Prohibited Lighting: • Roof -top, except where required by building code • Flood illumination of buildings from ground or pole -mounted lights, or from lights mounted on adjoining structures • Lights which flash, move, revolve, scintillate, blink, flicker, vary in intensity, change color, or use intermittent electrical pulsation • Mercury vapor and low-pressure sodium lighting • Linear lighting (including neon, fluorescent, rope -lighting, and low -voltage strip lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement Nonconforming Lighting: • Legal nonconformities created by these regulations shall not be moved, changed in use or light type, nor replaced or structurally altered without being brought into conformance • Conformity shall be required at the time of building permit application or development review application (such as rezoning, special review, PUD, SPA, ESA, conditional use, etc.) Enforcement: • Same as zoning enforcement • Night-time inspections prior to C.O. Town of Telluride: Telluride has set guidelines for outdoor lighting in its historic district; the guidelines are used by their equivalent of an Historic Preservation Commission. Their HARC (similar to Aspen's HPC) may call back projects in which obtrusive lighting schemes fail to meet the intent of the guidelines, and the HARC may require applicants to provide lighting plans where lighting design appears to be an issue. The guidelines apply to all types of external light sources, including site lights and those attached to buildings. The guidelines address site lighting and building lighting as follows: • General: Shielding to prevent glare onto adjacent properties and rights -of -way; down - directional cut-off fixtures encouraged; up -lighting and high intensity light sources are prohibited . • General: Light color and intensity should be similar to that used traditionally; low intensity lighting of warm colors that simulate daylight (blue or orange casts are discouraged); unshielded flood lights, sodium, mercury vapor, and neon are characterized as inappropriate. • Site Lighting: Site lighting should be simple in character (form and detail), at a pedestrian scale, emphasize safety, and help to define different functional areas of the property. Site Lighting: To minimize the visual impact of site lighting, lamps with a maximum equivalent of a 40 watt incandescent bulb are encouraged; site lighting should be down - directional only to prevent glare and to encourage pedestrian activity; all lighting should be shielded, including lighting of service and parking areas; timers or light -activated switches may be required to control the length of time that exterior lights are in use late at night. Building Lighting: In general, lighting used to illuminate the exterior of a building should be minimized and limited to helping with identification of entrances, highlighting details (not illuminating entire facades) and improving safety. Large glass surfaces (windows) should also be reviewed as potential sources of glare as seen from public ways and of light pollution affecting the night sky, and as such should be minimized. Designs that would "wash" an entire building wall in light are inappropriate. Town of Snowmass Village: Snowmass Village has formal standards regarding the illumination of parking areas, including the following regulations: • Any light used to illuminate parking areas or for any other purpose (including security) shall be so arranged as to reflect the light away from adjacent residential properties and vision of passing motorists. • Lighting facilities, if provided, shall be arranged so that lights neither unreasonably disturb occupants of adjacent residential properties nor interfere with driver vision. • Responsibility for complying with these requirements rests with the owner of the property. In addition the Town of Snowmass Village has "Basic Design Committee Standards for Approval of Exterior Lighting" applicable to residential properties. These standards require specifications and photographs (or catalog sheets) of any and all proposed exterior lighting fixtures along with plans showing the proposed location of each fixture. All designs and placement must meet the following minimum criteria: • No flood lights. • All lights must be shielded. • No goose -neck spots. • No exterior light source may be placed closer than five (5) feet to another exterior light source. Each bulb is a light source e.g. single bulb fixtures only. • No exterior light source may exceed a rating of 60 watts. • Lighting must shine in a plane perpendicular to the plane of the floor of the dwelling. • No exterior uplighting will be allowed. • No neon, incandescent, halogen, or mercury vapor lighting will be approved. • All installations must comply with the currently adopted edition of the National Electrical Code. • Examples of certain types of permitted and not permitted fixtures are provided. Douglas County, Colorado: Douglas County has adopted lighting standards with the intent of preventing motorized vehicle and pedestrian conflicts, providing personal safety and protection against crime, providing convenience and comfort levels to the users of sites, and minimizing negative effects of light pollution and trespass. Their standards apply to all exterior lighting as follows: • All lighting must be shielded such that the source of illumination (bulb or direct lamp image) is not visible from any adjacent property. All lighting shall employ true cut-off fixtures. • All lights must be retrofitted with shielding and true cut-off fixtures. • All lights, except as required for security, must be off within one hour after the end of business hours and remain off until one hour prior to opening. For security, a maximum of 1.5 foot-candles at entrances, stairways and loading docks, and 0.5 foot-candles on the rest of the site is permitted. • Lights mounted on poles or on the ground for purposes of illuminating a building facade or prohibited. • • Incandescent bulbs of 150 watts or less may be used to illuminate landscape plantings, pedestrian walkways, signage, or product display areas. Same time limits described above apply to signage lighting, too. • Blinking, flashing or changing intensity lights and lighted signs are prohibited, except for temporary holiday displays or lighting required by the FAA. • No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public throughfares. • No beacon or search lights may be installed, illuminated, or maintained. • All stadium or ballfield lighting used for the purpose of illuminating a playing area must be extinguished by 10:00 p.m. or immediately after the final event of the day. The remainder of the facility lighting, except for reasons of security, must be extinguished at 10:00 p.m. or within one hour after the event, whichever is later. • Maximum fixture height for all lighting shall be: 24' when located within 75' of the site's boundary; and, 40' when located beyond 75' from the site's boundary provided that for mounting heights in excess of 24', the distance of the fixture to the site's boundary be not less than three times the mounting height. • All fixtures mounted within 15' of any residential property line or public right-of-way boundary shall be fitted with a "house side shielding" reflector (minimizes light directed toward the rear of the fixture) on the side facing the residential or R.O.W. property line. • Acceptable bulb types include only High Pressure Sodium (HPS), Metal Halide (coated preferred), and Incandescent. • Maximum on -site illumination shall not exceed 10 foot-candles. In areas adjacent to buildings, said 10 foot-candle maximum shall include light spillage from within the building as well as light from signage. Conversely, minimum maintained on -site illumination shall be 0.5 foot-candles. • Light levels measured 20' beyond the site's property line (adjacent to residential or public R.O.W.) shall never exceed 0.1 foot-candles as a direct result of the on -site lighting. Outdoor Lighting Manual for Vermont Munici Model Ordinance: The "Vermont Outdoor Lighting Study" identified nine (9) types of outdoor lighting installations that municipalities may wish to regulate. Since lighting technology is always evolving, the suggested approach tends toward establishment of performance standards within which numerous design solutions are possible, and is intended to provide a sound starting point for municipalities striving to develop their own unique regulations. The nine types of installations addressed in the model ordinance include: 1) parking lot lighting; 2) street lighting; 3) lighting of gasoline station aprons/canopies; 4) lighting of exterior sales areas; 5) lighting of exterior sports/performance facilities; 6) security lighting; 7) illuminated building facades and landscaping; 8) illuminated signs; and, 9) illuminated walkways and park areas. The Vermont Model Ordinance is attached hereto (it's a bit too long and complex to adequately and accurately summarize, but provides many worthwhile directions/suggestions). 1 0 Memorandum To: Aspen City Council Thru: Amy Margerum, Aspen City Manager N From: Julie Ann Woods, Community Development Director Date: November 22, 1999 Re: Code Amendment — Lighting Second Reading of Lighting Ordinance No. 47, Series of 1999, Public Hearing Summary The City of Aspen has experienced an increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. The draft Lighting Ordinance is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting and light trespass. Background The City Council of the City of Aspen requested that a lighting ordinance be drafted and considered as a code revision. Staff held a work session with the Planning and Zoning Commission on April 20, 1999 and identified the issues the Commissioners wished to see addressed. Staff was directed at that time to utilize Basalt's recently adopted ordinance as a model and to build upon that work to meet Aspen's needs. Staff met with the Planning and Zoning Commission in October and they approved the ordinance by a vote of 5 to 0. They suggested some changes which are detailed later in this memo. The ordinance was passed at first reading before City Council for first reading on October 25. Referral Comments: The draft Lighting Ordinance was presented to the Development Review Committee at a meeting on August 11, 1999. All interested departments were invited to review the ordinance and comments were received from Engineering, Building, and the City Attorneys Office. At that time and during other meetings with Community Development staff, issues were identified related to the strength of foot-candles allowed, where foot-candles are measured from, exemption procedures, up -lighting, maximum spacing of fixtures and other such issues. The ordinance received several rounds of edits and reviews. In addition, following all internal City staff review, the draft ordinance was reviewed by Chris Myers, local lighting consultant and co-author of the Lighting Ordinance for the Town of Basalt. The resulting ordinance is attached, and would be located under Supplemental Regulations in the Land Use Code. Review Standards Please see attached Exhibit A. Planning and Zoning Commission Comments: The Planning and Zoning Commission passed a resolution with a vote of 5 to 0 in support of the proposed ordinance with the following changes. 1. Reduce the time period to come into compliance from 3 years to 1 year and add a timeframe in which to correct the problem; 2. Reduce the time period allowed for holiday lighting from March 1 to January 15; 3. Simplify the instrument of measurements if possible (lumens, foot-candles and watts); and 4. Make efforts to coordinate with the County for the Metro Area so that there is some consistency in zoning codes for outdoor lighting standards. Staff Recommendation: The Planning and Zoning Commission recommended reducing the time period for compliance with this ordinance. Staff concurs with that recommendation but has some concerns that the cost of compliance may be onerous, especially for residential users. It should be noted that all new lighting is expected to comply with the new ordinance, so no new non -conformities will be created. In addition, the Planning and Zoning Commission recommended curtailing the time period in which all holiday lights could be displayed. Staff recommends that decorative lighting of trees with white mini -bulbs be exempted, especially within the downtown area. Banning all holiday lighting after January 15 would require private businesses and the City to remove lights from the trees on the pedestrian mall and other areas heavily visited by pedestrians in the winter. Staff feels that this lighting adds a pleasant atmosphere to the downtown area on dark winter afternoons and has no ill effects on the community. Staff recommends that holiday lighting be allowed until March 1. After reviewing the pending Pitkin County Lighting Ordinance, staff recommends that the City Ordinance be modified to allow photo -cell lights under the following conditions: a) At primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi family properties; b) where the light sources are fully -shielded by opaque material (i.e. the fixture illuminates the area but is not itself visibly bright); and c) the light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. Recommended Motion "I move to approve Ordinance Number 47, Series of 1999, on second reading." City Manager's Comments Attachments: Exhibit A Review Standards G:/pl ann ing/aspen/text/l ighting.doc 716 10V Memorandum SA---4 To: Aspen City Council J� Thru: Amy Margerum, Aspen City Manager 1� N From: Julie Ann Woods, Community Development Director Date: November 22, 1999 Re: Code Amendment — Lighting Second Reading of Lighting Ordinance No. 47, Series of 1999, Public Hearing Summary The City of Aspen has experienced an increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. The draft Lighting Ordinance is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character: C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting and light trespass. Background The City Council of the City of Aspen requested that a lighting ordinance be drafted and considered as a code revision. , Staff held a work session with the Planning and Zoning Commission on April 20, 1999 and identified the issues the Commissioners wished to see addressed. Staff was directed at that time to utilize Basalt's recently adopted ordinance, as a model and to build upon that work to meet Aspen's needs. Staff met with the Planning and Zoning Commission in October and they approved the ordinance by a vote of 5 to 0. They suggested some changes which are detailed later in this memo. The ordinance was passed at first reading before City Council for first reading on October 25. Referral Comments: The draft Lighting Ordinance was presented to the Development Review Committee at a meeting on August 11, 1999. All interested departments were invited to review the ordinance and comments were received from Engineering, Building, and the City Attorneys Office. At that time and during other meetings with Community Development staff, issues were identified related to the strength of foot-candles allowed, where foot-candles are measured from, exemption procedures, up -lighting, maximum spacing of fixtures and other such issues. The ordinance received several rounds of edits and reviews. In addition, following all internal City staff review, the draft ordinance was reviewed by Chris Myers, local lighting consultant and co-author of the Lighting Ordinance for the Town of Basalt. The resulting ordinance is attached, and would be located under Supplemental Regulations in the Land Use Code. Review Standards Please see attached Exhibit A. Planning and Zoning Commission Comments: The Planning and Zoning Commission passed a resolution with a vote of 5 to 0 in support of the proposed ordinance with the following changes. 1. Reduce the time period to come into compliance from 3 years to 1 year and add a timeframe LC I in which to correct the problem; . Reduce the time period allowed for holiday lighting from March 1 to January 15-, ' X-1 3. Simplify the instrument of measurements if possible (lumens, foot-candles and watts), and �r' 6S 4. Make efforts to coordinate with the County for the Metro Area so that there is some �'� consistency in zoning codes for outdoor lighting standards. Staff Recommendation: The Planning and Zoning Commission recommended reducing the time period for compliance with this ordinance. Staff concurs with that recommendation but has some concerns that the cost of compliance may be onerous, especially for residential users. It should be noted that all new lighting is expected to comply with the new ordinance, so no new non -conformities will be created. In addition, the Planning and Zoning Commission recommended curtailing the time period in which all holiday lights could be displayed. Staff recommends that decorative lighting of trees with white mini -bulbs be exempted, especially within the downtown area. Banning all holiday lighting after January 15 would require private businesses and the City to remove lights from the trees on the pedestrian mall and other areas heavily visited by pedestrians in the winter. Staff feels that this lighting adds a pleasant atmosphere to the downtown area on dark winter afternoons and has no ill effects on the community. Staff recommends that holiday lighting be allowed until March 1. After reviewing the pending Pitkin County Lighting Ordinance, staff recommends that the City Ordinance be modified to allow photo -cell lights under the following conditions: vJ� I 1 v� of Sca � - �r F�t on � a) At primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi family properties; b) where the light sources are fully -shielded by opaque material (i.e. the fixture illuminates the area but is not itself visibly bright),, and c) the light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. Recommended Motion ``I move to approve Ordinance Number 47, Series of 1999, on second reading." City Manager's Comments Attachments: Exhibit A Review Standards G /plannin-%aspen/texdliehting.doc Exhibit A REVIEW STANDARDS Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and staffs evaluation of the potential amendment relative to them are provided below, with the standard in italics followed by the staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether- the proposed amendment is consistent with all elements of the Aspen Area Community Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The proposed amendment does not impact land uses or zone districts per se, and the lighting limitations protect existing neighborhood character. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment will not have any effect on traffic generation and will improve road safety by reducing night lighting glare. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an effect on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have a negative effect on the natural environment. In fact, staff believes that by establishing a limit to lighting levels and related glare, there should be less visual impact on the surrounding natural environment and wildlife. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Staff believes that limiting the lighting levels in the City of Aspen will protect visibility of the night sky and maintain the small town feel of the community, two features highly valued by local residents. Lighting levels will still be adequate by national standards and it will not compromise community safety. Exhibit A REVIEW STANDARDS Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and staffs evaluation of the potential amendment relative to them are provided below, with the standard in italics followed by the staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The proposed amendment does not impact land uses or zone districts per se, and the lighting limitations protect existing neighborhood character. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment will not have any effect on traffic generation and will improve road safety by reducing night lighting glare. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an effect on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have a negative effect on the natural environment. In fact, staff believes that by establishing a limit to lighting levels and related glare, there should be less visual impact on the surrounding natural environment and wildlife. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Staff believes that limiting the lighting levels in the City of Aspen will protect visibility of the night sky and maintain the small town feel of the community, two features highly valued by local residents. Lighting levels will still be adequate by national standards and it will not compromise community safety. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: There has been no significant change in Aspen's general character. The concern that prompted this ordinance was a desire to protect the character of Aspen and the visibility of stars in the night sky. This is one of many land use code amendments staff will be bringing before the commission throughout the year. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment would be in harmony with the public interest by ensuring the continued health, safety and welfare of Aspen residents and visitors while maintaining visibility of the night sky and protecting the small town community character. ORDINANCE No. 47 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND SECTION 26.575.150, MISCELLANEOUS SUPPLEMENTAL REGULATIONS, LIGHTING, SECTION 26.515.020, CHARACTERISTICS OF OFF-STREET PARKING SPACES AND ACCESS TO STREET OR ALLEY, SECTION 26.435.040, STREAM MARGIN REVIEW STANDARDS, SECTION 26.435.060, HALLAM LAKE BLUFF REVIEW STANDARDS, AND SECTION 26.430.010, PURPOSE STATEMENT OF THE SPECIAL REVIEW OF THE LAND USE CODE OF THE ASPEN MUNICIPAL CODE WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen directed the Community Development Director to propose an outdoor lighting ordinance as an amendment the Land Use Code pursuant to Section 26.208 and Section 26.212; and, WHEREAS, the amendment requested relates primarily to Section 26.575.150, of the Land Use Code of the Aspen Municipal Code but also to include related minor amendments to Sections 26.515.020, 26.435.040, 26.435.060 and 26.430.010; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed Lighting Ordinance on September 7, 1999, and continued the hearing to September 28, 1999, considered the Ordinance and the recommendation of the Community Development Director and proposed amendments. The Planning and Zoning Commission recommended by a five to zero (5-0) vote that City Council adopt the proposed Outdoor Lighting Ordinance amendment to the Land Use Code by amending the text of sections 26.575.150, 26.515.020, 26.435.040, 26.435.060 and 26.430.010 of the Land Use Code of the Aspen Municipal Code as described herein; and WHEREAS, the City Council reviewed and considered the recommendations of the Community Development Director and the Planning and Zoning Commission at a City Council meeting on October 25, 1999; and WHEREAS, the City Council finds that the text amendments to Sections 26.575.150, 26.515.020, 26.435.040, 26.435.060 and 26.430.010 of the Land Use Code • a H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: There has been no significant change in Aspen's general character. The concern that prompted this ordinance was a desire to protect the character of Aspen and the visibility of stars in the night sky. This is one of many land use code amendments staff will be bringing before the commission throughout the year. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment would be in harmony with the public interest by ensuring the continued health, safety and welfare of Aspen residents and visitors while maintaining visibility of the night sky and protecting the small town community character. ;� 'S a If III 6,itf of the Aspen Municipal Code, as described herein, and commonly referred to as the "Outdoor Lighting Ordinance" meet or exceed all applicable standards and that the approval is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordnance furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Section 26.575.150, Lighting, is hereby amended by replacing, in total, the language in said Section with the following text: Supplemental Regulations, 26.575.150 Outdoor Lighting A. Intent and Purpose. The City of Aspen has experienced a significant increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character. including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting. B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City of Aspen. Existing outdoor lighting shall be considered legal non -conforming lighting for(D yeafrom the adoption date of this ordinance. C. Definitions. (a) Fully Shielded Light: light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. (b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. (d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards. (e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). (f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. D. Lighting Plans. (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application, and building permit application for a commercial or multi -family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: (1) The location and height above grade of light fixtures; (2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and • • (5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Article. (b) Single family and duplex building shall be in compliance with the standards of Section 26.575.090. E. Non -Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light level shall not exceed 10 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20 foot-candles. (b) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: • Fully shielded with a non-adjustable mounting; or • Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or • Building mounted lighting directed back at a sign or building fagade; or • Lighting on above grade decks or balconies which shall be fully shielded. (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section. (d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of 175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp — 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. (e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than 75 ft. apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination of pole and wall mounted fixtures, minimum spacing shall be 75 ft. and a maximum of 150 ft. (f) Pole mounted fixtures shall be limited to two light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. (i) Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-ft. radius. (j) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. F. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: (a.) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: • Fully shielded with a non-adjustable mounting; or • Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or • Building mounted lighting directed back at a sign or building facade; or • Lighting on above grade decks or balconies which shall be fully shielded. (b.)Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 50 watts. (c.) All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. El (d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped area (as measured in a horizontal plane). (e) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Timer controlled flood lights shall be prohibited. 4. Photo -cell lights shall be allowed under the following circumstances: a) At primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi -family properties; b) where the light sources are fully -shielded by opaque material (i.e. the fixture illuminates the area but is not itself visibly bright); and c) the light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. 5. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to .l of a foot candle as measured at the property line. 6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. 7. No light fixture shall be greater than 12 feet in height. Exceptions are: (a.) Tree mounted fully shielded, downward directed lights using a light of 25 watts or less, and (b.) Building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less. (f) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (g) Light trespass at property lines should not exceed .1 of a foot-candle as measured at the brightest point. G. Street Lighting Standards. All new lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards: Q.,p (a) Street Light fixtures shall be approved jointly by the Community Development and Electric Department Directors and shall comply with the guidelines of this ordinance. f H. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Section, including those G, requirements pertaining to Zoning Officer review. 4 1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, L/ and does not constitute a fire hazard. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare including but not limited to tr control devices, existing (}� street lights, and construction lighting. 0 Air 3. Temporary Lighting. Any person may submit a written request to they Community Development Director for a temporary exemption request. If approved, the exemption shall be valid for not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. An additional 14 day temporary exemption may be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type, use and purpose of outdoor lighting fixture(s) involved; �1 0 C. Duration of time requested for exemption; ` / d. Type of lamp and calculated lumens; �-f e. Total wattage of lamp(s); f. Proposed location on premises of the outdoor light fixture(s); �`4. �'' g. Previous temporary exemptions, if any; h. Physical size of outdoor light fixture(s) and type of shielding provided; nn k and, N `'fi �� i. Such other information as may be required by the Community ` Development Department Director. ;N "- 4. Approved Historic Lighting Fixtures. Non -conforming lighting fixtures _ , _11� which are consistent with the character of the historic structure or district may be f6 exempted with approval from the Historic Preservation Officer or Historic Preservation ^� Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed 50 watts. + i 5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, may be exempted from the fully -shielded requirement provided they do- � not exceed 50 watts. < q- G�, � 6. If a proposed lighting plan or fixtures are proposed that do not meet this q i),,C,,,,V code 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. • • I. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by building code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded flood lights and timer controlled flood lights shall be prohibited. 7. Lighting directed toward the Roaring Fork River or its tributaries. 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or City government. 9. No beacon or search light shall be installed, illuminated, or maintained. 10.E Up -lighting is prohibited, except as otherwise provided for in this Section. I C onconforming Lighting. Unless otherwise specified within this ordinance, within thl le) year of the effective date of this ordinance, all outdoor lighting fixtures that do not confrm oorequirements of this ordinance must be replaced with conforming • fixtures or existing fixtures must be retrofitted to comply. Violations shall be corrected within 60 days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a. A fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded, or c. Lighting on above -grade decks or balconies, which shall be fully shielded. 2. Foot Candles. Outdoor Non -Residential (26.575.070) Sign (26.575.080), and Residential 26.575.090 Lighting Standards shall not exceed the foot candles ( ) g g designated in their respective sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: a. A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non adjustable mounting. L. Procedures. Administrative Review Procedures Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, or special review application shall be reviewed by the Planning and Zoning Commission. Lighting plans submitted as a part of a building permit application for a commercial or multi -family structure shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. Appeals Any appeals related to decisions regarding outdoor lighting shall be made to the Board of Adjustment compliant with the procedures in the Appeals Section 26.316 of this Land Use Code. Section 2: Section 26.515.020, Characteristics of off-street parking spaces and access to street or alley, is hereby amended with new text to read as follows: 26.515.020 Characteristics of off-street parking spaces and access to street or alley. G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential dwellings or interfere with driver vision and shall be in compliance with the lighting ordinance in section 26.575.150. Section 3 Section 26.435.040 Stream Margin Review Standards and Section 26.435.060 Hallam Lake Bluff review standards is hereby amended with new text to read as follows: 26.435.040 Stream Margin Review Standards. 11. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with the lighting ordinance in section 26.575.150; 26.435.060 Hallam Lake Bluff review standards. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope and shall be in compliance with the lighting ordinance in section 26.575.150. Section 4 Section Special Review 26.430.010 Purpose, is hereby amended with new text to read as follows: Special Review, 26.430.010 Purpose. The purpose of special review is to ensure site specific review of certain dimensional requirements, mitigation requirements, encroachments, lighting or subdivision standards, which are specifically authorized to be altered or amended by specific provisions of this Title in order to maintain the integrity of the city's zone districts and the compatibility of the proposed development with surrounding land uses. Section 5• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the Ordinance repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision of and shall not effect the validity of the remaining portions of thereof. Section 7• That the City Clerk is directed, upon the adoption of this Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 8: A public hearing on this Ordinance was held on the 22 day of November, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado this 25th day of October 1999. Attest: Kathryn S. Koch, City Clerk Rachel E. Richards, Mayor Finally Adopted, Passed and Approved this _ day of , 1999. Attest: Kathryn S. Koch, City Clerk Approved as to form John Worcester, City Attorney G:/planning/aspen/ords/I ighting.doc Rachel E. Richards, Mayor 0 0 Iff.t. TO THRU FROM: MEMORANDUM Mayor and City Council Amy Margerum, City Manager John Worcester, City Attorney b Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Director 1 V lk Nick Lelack, Planne?�\� RE: Moore Family PUD Amendment — School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project — Continue Second Reading/Public Hearing to December 6, 1999 DATE: November 22, 1999 SUMMARY: The Aspen School District, represented by Glenn Horn of Davis Horn. Inc.. has requested a continuation to December 6, 1999 for the Second Reading%Public Hearing on Ordinance 49. This Ordinance proposes changes to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project"; these changes are discussed in the attached Memorandum. Community Development staff recommends continuing this application to December 6, 1999. PROPOSED MOTION: "I move to continue the public hearing on Ordinance Number 49, Series of 1999. to December 6, 1999." CITY MANAGER COMMENTS: EXHIBITS: Exhibit A — Applicant's Request for Continuation Clhome\Active Cases\ Moore PUD school district housingTouncil Memo continue.doc MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director% FROM: Nick Lelack, PlannerKk RE: Moore Family PUD Amendment — School District Request to Change Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project — Second Reading/Public Hearing DATE: November 22, 1999 SUMMARY: The Aspen School District has applied for changes to the "Master Deed Restriction Agreement for Occupancy and Resale of the Moore Family Project," which is part of the Moore Family PUD. The School District is requesting four (4) housing policy changes for the eight (8) units earmarked for them. Below is a brief description of each request followed by the City Council's, Board of County Commissioners (BOCC), and Housing Board's actions and issues raised. Require an employee who works for the School District for less than 10 years and who owns and occupies a "category unit" to sell the unit within one year after terminating employment with the School District. Actions: Council: voted 4-1 to deny the request (Markalunas dissented) on First Reading. BOCC: voted 3-0 to approve the request. Housing Board: voted 4-0 to deny the request. Issues raised in support of the request: The Moore Family intended the units to be built for and used by the School District, and the units will not be used as intended if an employee stops working for the School District and retains the unit; The units are in close proximity to the school, therefore minimizing travel to work; -4- School District employees are more essential to the community than other employees; .i The School Board is working on obtaining affordable housing units for District employees; and - Stephanie Millar, 02:44 PM 11/19/99, lighting Date: Fri, 19 Nov 1999 14:44:27 -0700 (MST) X-Sender: stephani@comdev To: Julie Ann Woods <juliew@ci.aspen.co.us> From: Stephanie Millar <stephani@ci.aspen.co.us> Subject: lighting Cc: ellens@ci.aspen.co.us, joannas@ci.aspen.co.us I"l �r.� w •c.�"7''�i Originally I had something in street lighting that said that they would not have to retrofit, but that new fixtures should comply and that as fixtures C.- were replaced due to normal wear and tear that those replacements r should comply. It just came to my attention that that got weeded out somehow. We don't really want to be in a situation where someone can say the City and Holy Cross have to replace all our fixtures at once so you may want to suggest a remedy at the council meeting on Monday. I think the County has the same problem. Sorry I didn't catch this sooner. I didn't notice it was gone until I chatted with a guy from Holy Cross. existing language.... G. Street Lighting Standards. All new lighting illuminating �ublic right-of-ways and easements or private streets shall conform with the following standards: (a) Street Light fixtures shall be approved jointly by the Community Development and Electric Department Directors and shall comply with the guidelines of this ordinance. �1. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare including but not limited to traffic control devices, existing street lights, and construction lighting. J. Nonconforming Lighting. Unless otherwise specified within this ordinance, within one (1) year of the effective date of this ordinance, all (Printed for Julie Ann Woods <juliew@ci.aspen.co.us> 1 Stephanie Millar, 02:44 PM 11/19/99, lighting outdoor lighting fixtures that do not conform to requirements of this ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Violations shall be corrected within 60 days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. iPrinted for Julie Ann Woods <juliew@ci.aspen.co.us> 2 Iesna@aol.com, 09:13 AM 9/9/99 E, Re: lighting fixtures From: Iesna@aol.com Date: Thu, 9 Sep 1999 09:13:01 EDT Subject: Re: lighting fixtures To: stephani@ci.aspen.co.us To: Stephanie RP-8-83 Roadway Lighting probably will help you. Please contact Albert Suen, Publications Department, at 212-248-5000, ext. 112 or e-mail to asuen@iesna.org to order or you might want to request our free Light Source Catalog which describes all of our publications. Also, in case you didn't know, the 9th edition of the IESNA Lighting Handbook is being offered at a pre -publication sales price of $199.00 for members. This is a "must have" since Chapter 10, the Illuminance Selection Table has been completely rewritten. Thank you for you interest. Sincerely, Pamela Weess Marketing Manager ,Printed for Stephanie Millar <stephani@ci.aspen.co.us> 1 Lighting Ordinance Presentation The Community Development Department was asked to draft a lighting ordinance to manage the level of light trespass being caused by exterior illumination. The goal was to preserve a sense of small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. Through research into what other communities have done to address the issue of out door lighting it became clear that safe and efficient outdoor lighting could be achieved even while lowering the overall level of light. The draft Lighting Ordinance is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting and light trespass. Mitch Haas held a work session with the P&Z on April 20 of this year and identified the issues the Commissioners wished to see addressed. At that time the P&Z directed staff to utilize Basalt's recently adopted ordinance as a model and to build upon that work to meet Aspen's needs. Basalt's ordinance was used as a model and was augmented by the experiences of several other jurisdictions as well as by the comments made by several City of Aspen departments and a professional lighting consultant. The Draft Ordinance specifically addresses Residential Lighting Standards and Non -Residential Lighting Standards, and to some extent street lamps. Holiday lighting and historic fixtures are dealt with in the exemptions section of the draft ordinance. Lighting plans are required for subdivision, PUD, Special Review, environmentally sensitive area, and commercial or multi -family building applications. No lighting plans are required for single family residential but they are expected to comply. Enforcement will be carried out on a complaint only basis and existing lighting will be considering legal non -conforming for three years from the data this ordinance is adopted. The resolution in your packets also recommends minor changes to the Stream Margin Review and Off Street Parking sections of the code to ensure that they reference the lighting section of the code. Issues related to sign lighting are adequately dealt with in the recently revised Sign Standards. Staff proposes one change from the Draft Ordinance you see in order- to provide greater clarification of intention in the code. (see memo) Unfortunately we don't have a lot of time tonight so I would like to return the discussion back over to the commissioners at this time for your questions and comments. Good Neighbor Outdoor Lighting • • http://www.darksky.org/ida/gnol.htmi Good Neighbor Outdoor Lighting A GUIDE TO SELECTING AND INSTALLING EFFICIENT, COST-EFFECTIVE, AND UNOBTRUSIVE OUTDOOR LIGHTING FIXTURES Compiled by the New England Light Pollution Advisory Group (NELPAG) and the International Dark -Sky Association May 1995 Why is there outdoor lighting? Outdoor lighting is used to illuminate roadways, parking lots, yards, sidewalks, public meeting areas, signs, work sites, and buildings. It provides us with better visibility and a sense of security. • When well -designed and properly installed, outdoor lighting can be and is very useful in improving visibility and safety and a sense of security, while at the same time minimizing energy use and operating costs. Why should we be concerned? If outdoor lighting is not well -designed and properly installed, it can be costly, inefficient, glary, and harmful to the nighttime environment. These are the issues: • Glare: Poorly -designed or poorly installed lighting can cause a great deal of glare that can severely hamper the vision of pedestrians, cyclists, and drivers, creating a hazard rather than increasing safety. Glare occurs when you can see light directly from the fixture (or bulb). • Light Trespass: Poor outdoor lighting shines onto neighborhood properties and into bedroom windows, reducing privacy, hindering sleep, and creating an unattractive look to the area. • Energy Waste: Much of our outdoor lighting wastes energy because it is not well -designed. This waste results in high operating costs and increased environmental pollution from the extra power generation needs. We waste over a billion dollars a year in the United States alone lighting up the 1 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting • • http://www.darksky.org/ida/gnol.html sky at night. • Sky Glow: A large fraction of poor lighting shines directly upwards, creating the adverse sky glow above our cities that washes our view of the dark night sky, taking away an important natural resource. In addition to the cost savings, less sky glow will allow future generations to enjoy the beauty of the stars, and children will be inspired to learn and perhaps to enter fields of science. What is Good Lighting? Good lighting does its intended job well and with minimum adverse impact to the environment. Good lighting has four distinct characteristics: 1. It provides adequate light for the intended task, but never over -lights. Specifying sufficient light for a job is sometimes hard to do on paper. Remember that a full moon can make an area seem quite bright. Some modern lighting systems illuminate areas to a level 100 times as bright as does the full moon! Brighter is not always better, so try to choose lights that will meet your needs without illuminating the neighborhood. If you can't decide what to do, consulting a good lighting designer is usually your best bet. 2. It uses "fully -shielded" lighting fixtures, fixtures that control the light output in order to keep the light in the intended area. Such fixtures have minimum glare from the light -producing source. "Fully -shielded" means that no light is emitted above the horizontal. (High -angle light output from ill -designed fixtures is mostly wasted, doing no good in lighting the ground, but still capable of causing a great deal of glare. Of course, all the light going directly up is totally wasted.) Fully -shielded light fixtures are more effective and actually increase safety, since they have very little glare. Glare can dazzle and considerably reduce the effectiveness of the emitted light. 3. It has the lighting fixtures carefully installed to maximize their effectiveness on the targeted property and minimize their adverse impact beyond the property borders. Positioning of fixtures is very important. Even well -shielded fixtures placed on tall poles at a property boundary can cast a lot of light onto neighboring properties. This "light trespass" greatly reduces and invades privacy, and is difficulty to resolve after the installation is complete. Fixtures should be positioned to give adequate uniformity of the illuminated area. A few bright fixtures (or ones that are too low to the ground) can often create bright "hot spots" that make the less -lit areas in-between seem dark. This can create a safety problem. When lighting signs, position the lights above and in front of the sign, and keep the light restricted to the sign area; overlit signs are actually harder to read. Buildings ought to be similarly lit in a way to offer an attractive, safe environment without overkill. 4. It uses fixtures with high -efficiency lamps, while still considering the color and quality as essential design criteria. High -efficiency lamps used for lighting not only save energy - which is good for a cleaner environment - but reduce operating costs. Most high -efficiency lamps last a long time, reducing costly maintenance. Highly -efficient fixtures usually cost more initially, but the payback time is very short, and such fixtures will save you lots of money in a short time. Balancing against high -efficiency, though, is the quality of the light emitted. In some applications, the yellow light cast by low-pressure (LPS) or high-pressure (HPS) sodium lamps may not be as desirable as a less -efficient, but much whiter, compact -fluorescent, metal -halide, or even 2 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting • • http://www.darksky.org/ida/gnol.htmi incandescent light source. In other applications, color is not of importance, and LPS or HPS lamps do a very good job at very low cost. Well -designed shielded lights can usually be lower in wattage, saving even more energy and money. They will actually light an area better than unshielded lights of higher output, because they make use of all the light rather than wasting some (or much) of it. Why are these characteristics so important? How do they factor into a design? Good lighting means that we save energy and money, and we avoid hassles. A quality lighting job makes a "good neighbor." And we have a safer and more secure nighttime environment. Always remember that lighting should benefit people. Controlled, effective, efficient lighting at a home or business will enhance the beauty, while providing visibility, safety, and security. Poorly -installed, bright lighting is offensive and gives a very poor image. EXAMPLES OF SOME COMMON LIGHTING FIXTURES POOR GOOD Ground -mounted Top -mounted Billboard Floodbrhts Billboard Floodlights (care fully focus ad onto b ills oard) ✓ Fbststyle Lamp (more than 1,800lumen) Post -style Lamp (lamp set in opaque top) 3 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting • 0 http://www.darksky.org/ida/gnol.htmi EXAMPLES OF SOME COMMON LIGHTING FIXTURES POOR GOOD Typical 'Wall Pack Typical 'S 'hoe B o k" (forward throw) V/ Typical "Yard Light" Opaque Redactor (,hp im a.) V/ A.. Flood Light Area Flood Lightwith Hood MODIFYING EXISTING FIXTURES CHANGE -THIS --- 1,01,11IS Pumh DOWNWARDS FLOODLIGHT C14ANGE THIS TO THIS ... ✓ Install vrs OR LA WALLPACK CHANGE THIS ... TO 1111S.- 00' TO T HIS ... ' YARD LIGHT OPAQUE REFLECTOR SHOEBOX Some Thoughts on Cost: Money Talks! There are many cheap lighting fixtures available from most discount warehouse stores and from electrical suppliers. Are these good deals? 4 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting • • http://www.darksky.org/ida/gnol.htrnl • Most cheap fixtures have poor control of the light output, and they produce a lot of glare. It usually takes better and more -costly internal reflectors to get light out without glare and to give better light distribution. Modifying installed fixtures to reduce glare, or installing more fixtures to better coverage can be expensive. • Cheap fixtures often have inefficient lamps and short lamp life, so they use far more energy than needed. Paying for more electricity than needed is expensive, as is the higher maintenance costs of these so-called "cheap" fixtures. Some cost comparisons 5 YEAR OPERATING COST _ PIRTQRE COST TO O 707AL $432 I TOTAL $260 SAVED $310 aG TOTAL 4 S a a $540 o $307 0 A $422 SAVED A $210 $115 TOTAL 45 i10 300 WATT QUARTZ 28 WATT COIDACT 175 WATT IdFRCURY 70 WATr HIGH PRES_ HALOGEN FLUORESCENT VAPOR SODIUM CUT-OFF FLOODLIGHT FLOODLIGHT SECURITY LIGHT SECURITY LIGHT SIGN LIGHT AREA LIGHT Some Basic Considerations • Always remember that lighting should benefit people. Controlled, effective, efficient lighting at your home or business will enhance the surroundings and give a sense of safety and security. People don't appreciate poorly -installed, overly -bright lighting. • Check your site at night before installing lighting and note the existing light levels. If the area has low levels of lighting, then modest levels of light will work well for you and will fit more hospitably in the neighborhood. • Try to keep the lighting uniform and reduce glare as much as possible. Lights that make bright "hot spots" and ones that have glare make it hard to see well - especially for older people. • Be aware that light fixtures can have different lighting patterns. (Some patterns are long and narrow light cones, while others are more symmetrical.) Some fixtures have internal adjustments that can change the lighting pattern to a modest extent. Pick the right pattern for your job. • Consider using lights that turn on by motion detection. Not only will you reap big savings in operating costs, but you will have a far more effective security light due to its "instant -on" characteristics. Note that these lights can also be turned on manually. These light fixtures are not expensive, and they use very little energy. Higher -priced motion -detection units will prove more reliable. 5 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting • http://www.darksky.org/ida/gnol.html Manufacturers and Suppliers A Selection of Manufacturers and Suppliers of Good Lighting Equipment • Any lamp - no matter how faint - can be annoying in certain circumstances, so it is encouraged that all outdoor lights be fully shielded. However, with fixtures that use dazzling lamps (typically all HPS, mercury vapor, and metal -halide lamps, and clear incandescent lamps of 150 watts or greater), the requirement for shielding is imperative. Here is a list of some good lighting fixtures, with manufacturers or suppliers names, product numbers, and addresses (with telephone numbers in parentheses). Please note that this is not a comprehensive list of all good lighting fixtures; these are a sample of those fixtures that have come to the attention of NELPAG as of the winter of 1995. As other quality fixtures are brought to our attention, they will be included in future updates. Please do give us your suggestions. ABOLITE: 10000 Alliance Road; Cincinnati, OH 45242 (513-793-8875) GENLYTE P.O. Box 129; Union, NJ 07083 (908-964-7000) GENERAL ELECTRIC: Hendersonville, NC 28739 (800-626-2000) GUTH LIGHTING: 2615 Washington Blvd.; St. Louis, MO 63103 (314-533-3200) HADCO: P.O. Box 128; Littlestown, PA 17340 (717-359-7131) HUBBELL LIGHTING: 2000 Electric Way; Christiansburg, VA 24073 (703-382-6111) KIM LIGHTING: P.O. Box 1275; City of Industry, CA 91749 (818-968-5666) LUMINAIRE TECHNOLOGIES, INC.: 212 West Main St.; Gibsonville, NC 27249 (910-449-6310) THOMAS & BETTS LIGHTING DIV.: 1555 Lynnfield Rd.; Memphis, TN 38119 (901-682-7766) THOMAS OUTDOOR LIGHTING (formerly McPhilben Outdoor Lighting): 2661 Alvarado St.; San Leandro, CA PEMCO LIGHTING PRODUCTS: 150 Pemco Way; Wilmington, DE 19804 (302-892-9003) RUUD LIGHTING: 9201 Washington Ave.; Racine, WI 53406 (414-886-1900) SPERO LIGHTING: 1705 Noble Rd.; Cleveland, OH 44112 (216-851-3300) STONCO: P.O. Box 129; Union, NJ 07605 (908-964-7000) VOIGHT LIGHTING: 135 Fort Lee Rd.; Leonia, NJ 07605 (201-461-2493) WESTERFIELD: 770 Gateway Center Dr.; San Diego, CA 92102 (619-263-6672) In the diagrams, the following abbreviations are used: INC = incandescent; HPS = high-pressure sodium; CF = compact fluorescent; MH = metal -halide; MV = mercury vapor 6 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting 0 0 http://www.darksky.org/ida/gnol.html -rican Electric Lighting cage "C" (Cutoff) S, MV) Cost or KIM LIGHTING Series SAR (HPS, MH, MV) High Cost rhmuu RUDD LIGHTING Model 8908X-211-CO PR Series (HPS, MH, CF, INC) (HPS, MH, CF, INC) Medium Cost Medium Cost STONCO Series RLM3000 & (HPS, MH) Medium Cost Adel NPU-BI TE-TO-LITEtm PS, MV) w Cost 7 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting • • http://www.darksky.org/ida/gnol.html SUNDOWNER Series B1870 (CF, HPS, MV) Medium Cost McPHILBEN OUTDOOR Series 101 & 102 (HPS, MH) High Cost GMATIC Series 221 & ;, MH, MV, CF, INC) to Medium Cost LIGHTING s WD14D , MH) Cost M-W,o 49b"I 8 Series IPS, MH) ow Cost OST: )W COST: under $100 EDIUM COST: $100 - $ GH COST: over $200 8 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting 0 • http://www.darksky.org/ida/gnol.html A13ULl l h HADCO Series RLM model DWB-1 Series HF4000 with MGS-3H shield (INC) (HPS, MV) Low Cost Medium Cost HUBBELL LIGHTING Series 308 bullet with 309-S s (INC) Low Cost r W I iWWWA 6h Model 705 reflectorl (INC) Low Cost Uf STONCO W E 11 KP IELU Series 940 with 9455E shield Series 500 with Glare shield (INC) (CF) Low Cost Low Cost 9 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting • • http://www.darksky.org/ida/gnol.html ROADWAY LIGHTING GENERAL ELECTRIC Model M-250R2 with CUTOFF OPTICS CROUSE HINDS (HPS, MV) Model RAL Series Medium Cost (HPS, MV) Medium Cost 1 PEM O LIGHTING HUBBELL LIGHTING Model Admiral Hat Model RMC series (HPS, MH, CF, INC) (HPS, MH) Medium Cost Medium Cost TH MAS & BETTS American Electric Lighting Roadway Cutoff Series 113 & 125 (HPS, MH, MV) Medium Cost SECURITY LIGHT ILUMINAIRE TECHNOLOGIES IFits on all NEMA Head L Low Cost 7odel NPU-BI [ITE-TO-LITEtm SKYCAP 'utoff Optics its on all NEMA Head Lum Please see http://cfa-www.harvard.edu/cta/ps/nelpag/gnol.litnil for updates to the list of good fixtures. This pamphlet was produced by the New England Light Pollution Advisory Group (NELPAG), a volunteer organization established in 1993 to address outdoor -lighting issues locally in the 10 of 11 9/10/99 1:15 PM Good Neighbor Outdoor Lighting . • http://www.darksky.org/ida/gnol.html • northeastern United States. The chief architect of this pamphlet is Peter Talmage, an engineer residing in Kennebunkport, Maine. Numerous revisions have occurred in the past year, with the main editing by Talmage, Daniel Green, David Crawford, Steve O'Meara, and Joy Hoskins. The NELPAG produces a Circular at irregular intervals, available either via postal mail - by sending self-addressed, stamped envelopes to Daniel Green (M.S. 18, Smithsonian Observatory, 60 Garden St. Cambridge, MA 02138) - or via computer e-mail (send your full name, postal address, and e-mail address to: NELPAG-REQUEST@harvee.billerica.ma.us via Internet). The NELPAG also meets occasionally in various locations in New England to discuss local lighting issues. The NELPAG (http://cfa-www.harvard.edu/cfa/ps/nelpag.html) supports the International Dark -Sky Association (http://www.darksky.org) and recommends that all individuals/groups who are interested in the problems of light pollution and obtrusive lighting should subscribe to the IDA Newsletter (IDA membership costs $30.00 per year; send check to International Dark -Sky Association, 3225 N. First Ave., Tucson, AZ 85719). IDA also issues useful "Information Sheets" and slide sets for use in educational presentations. 11 of 11 9/10/99 1:15 PM r • 0 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 28, 1999 Steve Buettow, Acting -Chairperson, opened the special Aspen Planning and Zoning Commission Meeting at 4:05 p.m. The following commissioners were present: Steve Buettow, Ron Erickson, Tim Mooney, Roger Haneman and Jasmine Tygre. Bob Blaich and Roger Hunt were excused. Staff in attendance were: Joyce Ohlson, and Stephanie Millar, Community Development; Jackie Lothian, Deputy City Clerk. COMMISSIONER COMMENTS Joyce Ohlson, Community Development Deputy Director, noted that next week P&Z would be meeting with City Council to address any issues or ideas to talk with council about. Ordinance 30 and ADU issues were to be addressed. The Housing Authority issues were questioned because Council and BOCC were represented on the housing board but not on the P&Z or HPC. There was a question of the role of P&Z in housing issues. Tim Mooney said that the metro area included areas that City P&Z could not vote upon but yet it affected the city. Ron Erickson said the AACP restricted growth but how would the employee housing be brought into line with all of the affordable housing. Mooney said that Bob Blaich had a memo with issues to discuss with council. Mooney asked to have city and county ordinances compliment one another. DECLARATION OF CONFLICT OF INTEREST None PUBLIC HEARING: LIGHTING ORDINANCE Steve Buettow opened the public hearing. Stephanie Millar stated that Community Development was asked to draft a lighting ordinance to manage the level of light trespass caused by exterior illumination. The goal was to preserve the small town character and feel and one of the components was the ability to see stars on the dark sky. Millar said that through research from what other communities have done to address this problem, the light level could be lower than what was currently allowed in Aspen. The draft lighting ordinance was intended to maintain health, safety and welfare of the residents of Aspen through regulation of exterior lighting to help preserve small town character; eliminate escalation of nighttime light pollution; reduce glaring and offensive light sources; provide clear guidance to builders and developers; encourage the use of improved technologies for lighting; conserve energy; and prevent inappropriate and poorly designed or 1 ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 28, 1999 installed outdoor lighting and light trespass. Millar said that Mitch Haas held several work sessions and P&Z recommended that staff utilize Basalt's recent lighting ordinance to phase work with various city departments. Other jurisdictions were also reviewed as well as a lighting consultant. Millar said that holiday lighting and historic fixtures were dealt with in the exemption sections of the draft. Lighting plans were only required for subdivisions, PUDs, special review, environmentally sensitive areas and commercial or multi -family building applications. Enforcement will be carried out on a complaint only basis, as it was with all other zoning issues. Existing lighting will be considered legal non -conforming for 3 years, after that time they will be expected to comply bringing up to date but only if someone calls to report a problem. Millar noted that Stream Margin Review and all street parking sections of the code had some minor changes to ensure that the lighting sections of the code were referenced. She said that sign lighting were addressed in the new sign ordinance. She said that she was surprised that there were no members of the public in the audience. Ron Erickson stated that 3 years was a long time for anyone to come into compliance especially when no one would come into compliance unless there was a complaint. Buettow noted that a year would be long enough. Erickson said that 6 months was long enough and if there was a complaint, then extend it for 30 to 60 days. Millar responded that Basalt's was 5 years and communities range between 2 years to 40 years on an amortization period. Tim Mooney said that exemptions of holiday lights could remain up from Thanksgiving to March I'`. He asked if that time period was really necessary. Millar replied that with inclement weather. Mooney asked if the lights could at least be turned off on January 15`h. Erickson agreed. Erickson asked why the gazebo needed to be illuminated in March. Joyce Ohlson asked for clarification on the types of lights. Millar answered that this ordinance applied to commercial and residential lighting. She asked if there were any more issues. Roger Haneman stated that there were 3 different standards used for measuring light; lumens, foot-candles, and watts; he asked if there was any reason why one couldn't be used. Millar responded that she would check with the consultant to tighten up the language. Erickson asked for the definition of what scintillating lights were. Millar replied those were lights that moved erratically. FA • . ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 28, 1999 George Detko, public, said that he moved here from Florida about 5 years ago and was involved in the lighting ordinance in Vero Beach. He stated that there was a great interference with sea turtles from ocean front lighting. Detko said that it was with great difficulty that the ordinance passed because people felt it was their right to light up anything and everything because they paid $2,000,000.00 for their property. He noted that he now runs down Rio Grande Trail at night and the houses along the Roaring Fork River were purposefully doing the same thing, lighting up the river. He asked how this ordinance would address these large houses along the river. Erickson noted the ordinance said that lighting directed towards the Roaring Fork River or its tributaries was prohibited. Ohlson replied that was one of the reasons for initiating this; it was to minimize the lighting of the river, environmentally sensitive areas, which were included in the stream margin review process. Buettow stated that he asked Sarah Oates to look into the one yard with the lights down by Slaughterhouse Bridge at the mile and %4 mark on the Rio Grande Trail. Detko noted lights like those also kill your night vision for probably 15 minutes after you pass by them. He said that in Florida the ordinance was drafted to read that direct lighting couldn't be visible from the mean high water line at sand level. Millar responded that it was those types of lighting that this ordinance attempted to address. The light that hampers vision, the light spread, light being contained by the property lines, glare and visibility of light bulbs. Detko commented that inside lighting was also addressed because of the huge expanses of glass and prohibition of flood lighting outside. Detko said it was the 3`d house to the west on the north side of the river from the Oklahoma Flats Bridge that had the lighting from the inside which lights up the river. It was noted that it was the Gary Moore House. Buettow asked if these comments could be incorporated into this ordinance prior to the council presentation. Millar stated the 3 issues to be included were: OO change the compliance period from 3 years to 6 months or a year; OO reduce the holiday lighting period to November 15`h to January 15th; ® Simplify the levels of measurement. Erickson stated that equally important was the time period of 30 to 60 days for having to come into compliance after a compliant was registered. Mooney requested that some sort of communication with the county begin to address lights that affect the city. He mentioned that the lights at Ruthie's Restaurant and at Buttermilk have been on for about 4 weeks, even though those properties were located in the county they affected the city. 0 • ASPEN PLANNING & ZONING COMMISSION SEPTEMBER 28, 1999 MOTION: Tim Mooney moved to recommend City Council approve the lighting Ordinance, finding it met the criteria with the changes reflected in P&Z Resolution #99-24. Ron Erickson second. Roll call vote: Tygre, yes; Haneman, yes; Mooney, yes; Erickson, yes; Buettow, yes. APPROVED 5-0. Meeting adjourned at 4:50 p.m. into a work session with County P&Z on Buttermilk. ZZ;t Yackie Lothian, eputy City Clerk. 4 12.00 INSTALL STREET LIGHT (BASE, POLE, & FIXTURE) 12.01 Scope Work to be performed under this section shall include furnishing all materials, labor and tools necessary to install street light (base, pole, & fixture), including electric conduit with base. The finished product shall be in close conformity with the lines, grades, thickness, and typical cross sections shown on the Drawings. 12.02 Specifications ` & Holophane street light; Hallbrook Series; Color: factory green; Single arm / aluminum post with ornamental base as shown on sheet 18 of the Drawings; 15' high; G1asWerks Bern Series with 4175; 70 watt metal halide fixture with eliminating angle deflection of minimum 180°, and preferably at least 240' or best 270°. Custom made. Photocell. Ordering information: Catalog Number - Pole: HLBK15AIN-DBN; Fixture: BN07DMH12N75-PR Houseside shield: 180' 12.03 Submittals: A. Manufacturer's invoice. 12.04 Measurement and Payment - Installation of street light (base, pole, & fixture) shall be measured and paid for per each. 13.00 CONCRETE STRUCTURES - FLATWORK, CURB & GUTTER, UTILITY STRUCTURES 13.01 Scope Work to be performed under this section shall include furnishing all materials, labor and tools necessary to install cast -in -place and flatwork concrete, together with all miscellaneous and appurtenant items, on a prepared surface in accordance with the Specifications or as shown on the Drawings. Unit bid price for this work item shall include material testing by an independent certified laboratory, and protection of concrete during its curing period until a minimum of 80% of its required structural strength is achieved. The curing strength must be determined by the compression test reports prepared by a certified materials Lab. The finished product shall be in close conformity with the lines, grades, thickness, and typical cross sections shown on the Drawings. 13.02 Reference Standards Hallbrook series Single Arm Steel Post 22" Dia. Base UNIQUE SOLUTIONS ORDER NO: — 'HIS ORAWING WHEN APPROVED SHALL BECOME THE COMPLETE SPEC:FICATICN FOR HE MATERIAL TO BE FURNISHED BY UNICUE SOLUTIONS ON THE ORCER NOTED ABOVE UNIT OF SIMILAR DESIGN MAY SE SUPPLIED, BUT ONLY AFTER APPROVAL 3Y THE CUSTOMER iN WRITING. ON POLF ORDERS AN ANCHOR BCLT TEMPtAT'- PRINT'MLL BE SUPPLIED WITH EACH ANCHOR BOLT ORDER TO MATCH POLE PROVIDED THISPRINT IS THE PROPERTY OF UNIQUE SOLUTIONS AND IS LC I NED SUBJECT TO RETURN UPCN DEMAND AND UPCN EXPRESS CONOmON THAT IT WILLNOT 3E USED DIRECTLY CR iNOIRECTLY IN ANY WAY O��AIMGNTAL TO CUR INTERESTS. AND ONLY IN CONNECTION wrrH MATERIAL FURNISHED BY UP41CUE SOLUTIONS. Specifications OESCRIPTICN his c cntemperary=urcPean style ighting past shal be steel _ons:ruc:icn, with a one =Iecs shaft and Iongltucinal weld, a slr.^yie pis -cos .rack .-rcuntinc bracket. and a slerrcer sweeping decorative ctar-s-e:l base. MATERIALS -he past shaft shall ce 11 CA Gail stecx..veidaeie grade hot rcilec commercial ;uality carcen s;eel. with a-ninimum yield strength of �6,J00 231 aRer facnc3non. The anc^er base shall be strt:c:urai quality nct rciiad yamcn steei -late %vith a nttntmum yield strength of 36.2CC BSI. ne bass plate teiesceces ,he s^aft and is c:rc;imferen,tativ weicec tap and cottcm. The arcacr `;clts are ;not diccec galvanized. The bracket arm :s '-1/2" schedule SC pipe anc is ,hreaded 1-t!= NP- fcr :uminaire mounting. The c:omsnell zasc a sand cast _f -NI!id copeer Tee aluminum ailcv. CIME'ISiCNS l? -he pole shall 'ce X'-XX" in:-ieight with a 'IQ" square case?. ase .fate. The Jeccranve cams .eil ease :s 22" in diameter and -IS- tall. 7)e shaft shall have a tcc aiameter of 3?8" and a unifcrm facer -of C.14" per feat cf'ength. The clshocs ucck crac.Xet arm shall rise 43" above :he pcie :cc and fart a 30" diameter arc frcm the center of the vert;cal portion of the arm to the 'uminaire mount cantenne. The luminaire mounting end of the bracket arm shall be 21" above the taD of the post. WIRING ACCESS The past is Provided with a 2.5" by 4.8" rectangular curved `land hole and cover. A 1/2-13UNC Pcit and nut are provided for grounding. FINISH The post shall have a prime scat of urethare polyester powder anc a top scat of aliphatic acylic polyurethane. Colors availacie are blaclx (S), bronze (Z,, dark green (N), and custcm color (A). I NSTA LLATI C N The cost shall be provided with four 3/4" diameter by 17" Icng L-type archor bclts to be installed an a 9.0" diameter bolt &c!e. HL3x9TP'-ZwC TYPE: DRAWING NO: US-1294 MUNIQUE�jq-3Ncj-Hl3o SOLUTIONTq SCALE: NONE INt40VATIVE LrrnNc PRCOLC7s DRiAWN: RAF A CIVISICN CF,4CLCP4ANE APPD: 515 MCKINLEY AVENUE P.O. 9CX 3009 DATE: 10-25-94 NEWARK. CHIC 43055 HOLOPHANE GlasWerks House Side 3nield 4172, 4173 & 4175 Glass Refractor i 'Bern' example of the refractor 1. INTRODUCTION 1.1 Purpose. To instruct how to assemble and install the House Side Shield. Sources of additional information are provided in Paragraph 1.3. Paragraph 2 contains assembly and installation procedures for House Side Shield. WARNING READ THESE INSTRUCTIONS CAREFULLY BEFORE ATTEMPTING TO INSTALL OR MAINTAIN THIS FIXTURE. WORK MUST BE DONE BY QUALIFIED PERSONNEL. IMPROPER INSTALLATION OR MAINTENANCE MAY RESULT IN INJURY OR DEATH OR SIGNIFICANT PROPERTY DAMAGE. 1.3 Alternate Information Sources. If additional questions ansa relative to the GlasWerks luminaires that this document or your supplier cannot answer, please refer them to: Holophane Company Inc. Field Service Department P.O. Box 3004 Newark, OH 43055 (614) 345-9631 2. ASSEMBLY AND INSTALLATION OF GLASWERKS HOUSE SIDE SHIELD 417X GLASS REFRACTOR. 2.1 Tools and Material Required: The following tools and materials are required during installation of the House Side Shield. Descriotion Use Flat head screw driver Shield Assembly Door/optical Assembly 1/8" hex driver To tighten set screw at threaded top mounting screws. Instruction Manual - IM-145 Reference material (that came with unit) 2.2 Assembly and Installation of House Side Shield Components for the GlasWerks House Side Shield are contained in this box. Examine all contents in the box before starting. Instruction Sheet WARNING BE CERTAIN THAT ALL FLECTRICAL POWER IS DISCONNECTED FROM THE FIXTURE AND POLE BEFORE INSTALLING OR MAINTAINING THE FIXTURE. FAILURE TO DO SO MAY RESULT IN INJURY OR DEATH. 2.2.1 Take (1) perforated shield, (2) aluminum "L" clips, (4) sheet metal screws and (3) self tapping screws out of the box. 2.2.2 -First, align one aluminum "L" clip with the outside/top of the shield, so that the two holes on the clip line up with the two outer sets of holes on the shield. NOTE: Proper alignment of the clip will make the large flat surface of the that clip level with the top of the shield. 2.2.3 Using the flat head screw driver, slowly attach (2) sheet metal screws running the screw through the shield (on the inside) to the holes in the clip. 2.2.4 Repeat steps 2.2.2 & 2.2.3 and attach other aluminum-"L" clip to the shield. 2.2.5 (Figure 2 of IM-145) On the luminaire, loosen the (3) screws on the door/optical assembly, so that you can take the door/optical assembly off. Remove screw on the inside of the unit that is holding on the safety cable. 2.2.6 With the doorloptical assembly removed. Begin removing the (2) screws and clips, that are 11 1/2" apart, which hold the glass refractor in place. 2.2.7 (Asymmetric glass only Loosen the remaining screw. Move or spin the glass around the ring so that the arrows in the bottom of the glass are pointing to either side of the remaining screw and clip. This will orient the glass in the ring so the shield will be blocking out the light going to the house side. 2.2.8 Now take assembled house side shield and place it on the inside of glass refractor. Align the clip holes up with the two holes on the ring (from 2.2.6) and place the clips that were on the unit from 2.2.6 under the "L" clip. Secure the shield with the (2) new screws. Hand tighten, do not over tighten. 2.2.9 (Asymmetric glass only Remove remaining screw. Use (1) new screw and old clips and re -secure. Hand tighten, do not over tighten. 2.2.10 After House Side Shield is in place, refasten the safety cable and return door/optical assembly, with shield in it, to the luminaire. Twist and lock into place and retightened the (3) mounting screws. 2.2.11 (Asymmetric glass only Once the doo-!optical assembly is in place you need to adjust the unit to the "STREET SIDE". Loosen the set screw on the top of the unit. Rotate the unit until "STREET SIDE" of luminaire is pointed in the proper direction. The optical pattern is indicated (with arrows) on the refractor. 2.2.12 (Asymmetric glass only) Once the fixture has been oriented, tighten the set screw at the top entry (about 40 in. lbs.) 2.2.13 Electrically energize the fixture and check for proper PAGE 1 OF 2 IN-95-A i HOLOPHANE Tear Drop Series Instruction Sheet House Side Shield 4172, 4173 & 4175 Glass Refractor 'Port Huron' example of the refractor 1. INTRODUCTION 1.1 Purpose. To instruct how to assemble and install the House Side Shield. • Sources of additional information are provided in Paragraph 1.3. • Paragraph 2 contains assembly and installation procedures -for House Side Shield. WARNING READ THESE INSTRUCTIONS CAREFULLY BEFORE ATTEMPTING TO INSTALL OR MAINTAIN THIS FIXTURE. WORK MUST BE DONE BY QUALIFIED PERSONNEL. IMPROPER INSTALLATION OR MAINTENANCE MAY RESULT IN INJURY OR DEATF OR SIGNIFICANT PROPERTY DAMAGE. 1.3 Alternate Information Sources. If additional ques- tions anse relative to the Tear Drop Series luminaires that this document or your supplier cannot answer, please refer them to: Holophane Company Inc. Field Service Department P.O. Box 3004 Newark, OH 43055 (614) 345-9631 2. ASSEMBLY AND INSTALLATION OF TEAR DROP SERIES HOUSE SIDE SHIELD 417X GLASS REFRACTOR. 2.1 Tools and Material Required: The following tools and materials are required during installation of the House Side Shield. Description Use Flat head screw driver Shield Assembly Door/optical Assembly Instruction Manual - IM-166-C Reference material (that came with unit) 2.2 Assembly and Installation of House Side Shield Components for the Tear Drop Series House Side Shield are contained in this box. Examine all contents in the box before starting. fr k I_,"; NI►Ce_ BE CERTAIN THAT ALL ELECTRICAL POWER IS DISCONNECTED FROM THE FIXTURE AND POLE BEFORE INSTALLING OR MAINTAINING THE FIXTURE. FAILURE TO DO_ SO MAY RESULT IN INJURY OR DEATH. 2.2.1 Take (1) perforated shield, (2) aluminum " L" clips, (4) sheet metal screws. 2.2.2 First, align one aluminum "L" clip with the outside/top of the shield, so that the two holes on the clip line up with the two inner set of holes on the shield. NOTE: Proper alignment of the clip will make the large flat surface ( part # side) of the that clip !evel with the top of the shield. Also make sure that both the clips are using the two most inner (set of) holes. 2.2.3 Using the flat head screw driver, slowly start (1) sheet metal screws through the shield (on the inside) to the holes in the clip (outside). Then slowly start the second sheet metal screws through the shield into the clip, after it is started finish tightening the screw the rest of the way, DO NOT OVERTIGHTEN. Then finish tightening the first screw. 2.2.4 Repeat steps 2.2.2 & 2.2.3 and attach other aluminum " L" clip to the shield. 2.2.5 If the bottom glass and door assembly has not been removed from the luminaire, unlatch and remove, completely, from the luminaire. 2.2.6 On the hinged side of the glass and door assembly, remove the t2) screws closest to the hinge. 2.2.7 (Asymmetric glass only make sure the glass did not rotate while working on the unit. The arrows in the bottom of the refractor should be pointing and centered toward the latch side of the door. 2.2.8 Take assembled hc•ise side shield and place it inside of glass refractor. Align the clip holes with the two holes on the door (from 2.2.6) and place the clips that were on the door from 2.2.6 under the "L" clip. 2.2.9 Secure the shield with the (2) screws removed in 2.2.6. 2.2.10 Now return the glass and door assembly to the luminaire. Close and secure the glass and door assembly. .2.2.11 Electrically energize the fixture and check for proper operation. IN-95-A PAGE 2 OF 2 TO: Board of County Commissioners November 3, 1999 THRU: Cindy Houben, Community Development Director 6114V� FROM: Ellen Sassano, Senior Long Range Planner Joanna Schaffner, Zoning Officer RE: Land Use Code Amendment to Revise Pitkin County Lighting Standards SUMMARY: This is the second reading of an Ordinance proposing amendments to section 3-110-110 of the Land Use Code regarding Lighting standards. The proposed Ordinance and amendment to the Code is attached as Exhibit "A" to this memorandum. The Board of County Commissioners held a public hearing and first reading of the draft Ordinance n November 27, 1999, at which time several recommendations were made for revisions. A second reading was set for November 3, 1999. Staff recommends adoption of the Ordinance as revised. PROCEDURE: This is a public meeting. The revised Ordinance and proposed Code amendment is being considered for adoption on second reading. The Ordinance will be effective 30 days after adoption by the Board. SUMMARY OF AMENDMENTS: The following changes are included in the draft Ordinance to reflect Board direction at first reading: (for easy reference, changes made since first reading are highlighted in bold italics in the draft Ordinance attached to this memorandum as Exhibit "A,) Page 1, Paragraph B.: revised to preclude bulb visibility from "adjacent and neighboring" rather than "adjoining" property Page 3, Paragraph C,: revised to include "light trespass" definition Page 4, Paragraph E,: revised to "prohibit illumination of waterways" Paragraph F, : revised to preclude visibility of floodlighting from"adjacent and neighboring" rather than "adjoining" property Page 6, Paragraph M,: added to prohibit "blinking, flashing, etc. " lights Paragraph N,: Revised subsection 1) to allow an exemption for community and/or health/safety welfare benefits in general, rather than just for those benefits relating to County business • Revised subsection 2) to distinguish between standards for holiday lighting for residential and commercial uses countywide, and to specify standards for Redstone Added subsections 3) and 4) to exempt historic lighting fixtures and lighting for temporary commercial uses and special events, respectively Page 7, Paragraph P,: Added language allowing for a lighting plan requirement where scenic quality policy or regulation issues are considered as part of a land use review Paragraph Q,: Added language defining process for appeal RECOMMENDATION: The Planning Commission and Staff recommend that the Board adopt the following motion: Approving the Ordinance on second reading adopting amendments to the Pitkin County Land Use Code section 3-110-110 Lighting 2 ±::�44 � IT AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING AMENDMENTS TO LAND USE CODE SECTION 3-110-110 (LIGHTING STANDARDS) ORDINANCE NO.99- Recitals 1. The Board of County Commissioners directed staff to prepare a Land Use Code amendment to revise and update Pitkin County lighting standards; to provide simple, straight -forward direction for use by the public, staff, appointed and elected officials. 2. The Pitkin County Planning and Zoning Commission reviewed the proposed amendment at a regular meeting on October 5, 1999, at which meeting the Planning and Zoning Commission recommended approval of the proposed amendment. 3. At first reading and Public Hearing on October 27, 1999, the Board approved the proposed revisions to the lighting standards. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the Pitkin County Land Use Code as follows: Repeal and Re-enact Subsection 3-110-110 Lighting (NOTE: Language that is highlighted in bold italics was added at first reading.) A. Applicability: The lighting standards in this section are applicable to all lighting. B. Bulb Visibility All exterior lighting shall be designed so that the lig (or- Uanspa;eat-shied} bulb (point light source) is knot directly visible from adjacent -and neiuhhorad}eiaiag_properties or public rights -of -way. This can be accomplished using fixtures which "fully shield" the bulb behind opaque shielding (i.e., the light distribution is primarily down and/or up directed) or which utilize non transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in the case of fixtures with some sort of translucent lens(es) around the bulb compartment Shielded lighting fixtures Opaque translucent fixtures • OR - Q LIGHT TRESPASS: Light trespass is defined as the shining of light produced by a lightfixture beyond the boundaries of the Property on which it is located Light level shall be no greater than one-half (0.5 ) of a foot-candle at the property line A foot-candle is a measurable industry standard equivalent to one lumen (a measure of light) per square foot. In support of this standard, no commercial property may exceed •20 foot candles as measured three feet above grade (approximate waist height). D) UPLIGHTING: Uplighting is only permitted when used as follows: 1) To light a primary entrance, when the lighting fixture is wall mounted under an architectural element (e.g., roofs over walkways entries or overhanging, non -translucent eaves) and that this element contains the illumination, and 2) To light the American flag, when no more than two light fixtures per flag are used, with a maximum of 150 watts each. The fixture must be shielded such that the point source is not visible outside a 15' radius E) HIGHLIGHTING: Illumination of building facades, driveways, and landscaping shall be prohibited. Lighting intended to illuminate the Roaring Fork, F in'a Pan and Crystal Rivers or their tributaries shall be prohibited. F) FLOODLIGHTING: Floodlighting is only permitted when it is down -directed and controlled by a motion sensor that is triggered by activity within the owner's property lines, and when fully -shielded such that the light source is not visible from adjacent and/or neighboring properties. Ground -mounted floodlighting of a structure is prohibited. G) SAFETY AND SECURITY LIGHTING: The use of motion sensors, photocells, or photocell/timers to control duration of nighttime illumination is required for safety and security lighting. In all cases, light intensity shall be between one (1) and two (2) foot-candles 1) MOTION SENSORS: These mechanisms are the preferred method for controlling nighttime illumination since they turn on lights only when activated by motion and will remain on during the activity and for a set period of time (typically up to 30 minutes) following the last detection of motion. These are only permitted where the sensor is triggered by activity within the owner's property lines. 2) PHOTOCELLS: These mechanisms illuminate a property for the entire night (i.e., they are activated by sunlight, turning lights on at dusk and off at dawn). They are only permitted under the following conditions: a) at primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi -family properties; b) where the light sources are fully -shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and c) the light source is fluorescent (or compact fluorescent) to eliminate excess electricity consumption. N.B. For non-residential properties, HID light sources (high pressure sodium and metal halide) may be used instead of fluorescent. TIMER/PHOTOCELL COMBINATIONS: These activate the light source at dusk and turn it off at a selected time several hours later, well before dawn. These are a preferred method when used for nighttime control at primary points of entrance (e.g., front entries) and may be used with fully shielded lighting fixtures with non -transparent diffusion material (see Section `B.") 3) TIMERS: These mechanisms are prohibited. H) PROPERTIES ADJACENT TO PUBLIC RIGHTS of WAY: In addition to being in compliance with the above sections, no exterior lighting may be used in any manner that could interfere with the safe movement of • motor vehicles on public thoroughfares. Specifically, the following is prohibited: 1) Any light not designed for roadway illumination that produces direct or reflected glare that could be disturbing to the operator of a motor vehicle. 2) Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or County government 14—I)MERCURY VAPOR & LOW PRESSURE SODIUM SOURCES: These light sources are prohibited from use. K}I) NON-RESIDENTIAL FIXTURE HEIGHTS & TYPES: Fixture heights (as measured from grade to the bottom face of a fixture) shall be ten (10) feet or less in height, or the fixture must be fully shielded ("cutoff'), non-adjustable, and down -directed (or building mounted and directed back at a facade). For the following special use areas, the specified heights shall apply: 1) PUBLIC PARKING LOTS: Lights shall be between twelve (12) and fifteen (15) feet high. Light intensity shall be between zero (0) and one-half (0.5) foot-candle. 2) PEDESTRIAN WALKWAYS: The preferred option is for low-level "bollard" or pipe -mounted fixtures that are fully shielded and down - directed and have a maximum of four (4) feet height and minimum spacing of twenty-five (25) feet. If pole -mounted fixtures are desired, ten (10) feet is the maximum height with a minimum spacing of fifty (50 feet). Pole -mounted fixtures above 6' in height must be fully shielded, non-adjustable, and down -directed. Lighting intensity shall be between one tenth (0.1) foot-candle and one half (0.5) foot-candle 3) VEHICULAR INTERSECTIONS: Fixtures heights shall be between twenty (20) and twenty-five (25) feet in height. Lighting shall be between one-half (0.5) and one (1) foot-candle. 4) HIGH ACTIVITY PEDESTRIAN AREAS: Lighting shall be between ten (10) and (12) feet in height. Lighting shall be between one-half (0.5) and one (1) foot-candle. Fully -shielded, "cutoff' pole fixture "Cutoff' light distribution • Fully -shielded, decorative fixture where bulb is concealed in top of fixture KL) SIGNAGE: The following shall apply to sign illumination: 1) Internally -illuminated signs are prohibited. 2) Sign lighting will be down -directed and shielded from neighboring property and the vision of passing motorists (see "H" above). 3) Total wattage shall not exceed 75 watts for incandescent light sources and 32 watts for fluorescent sources. LM) LINEAR ARCHITECTURAL HIGHLIGHTING: Linear lighting (including neon, fluorescent, rope -lighting, low -voltage striplighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. M) BLINKING LIGHTS. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights shall be prohibited, except for temporary holiday displays, lighting or public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. N) EXEMPTIONS: The following types of lighting installations shall be exempt from the provisions, requirements and review standards of this Section. 1) Health, Safety and Welfare. If a lighting plan or Lvtures are proposed that do not meet this Code but have demonstrable communityand/or health, safety and welfare benefits, an exemption may be considered. The applicant shall submit information to adequately assess the communityand/or health, safety and wetfare benefits for approval by the Community Development Director. 2) Holiday/Winter Lighting, Residential: Seasonal lighting shall be illuminated only between Thanksgiving and January 30. Commercial: Seasonal lighting shall be illuminated only between Thanksgiving and January 30. Redstone Boulevard: • Residential and commercial seasonal lighting shall be illuminated only between Thanksgiving and January 30, or as determined by the Redstone Community Association. 3) Approved Historic Lighting F&tures. Non -conforming lighting fcrtures which are consistent with the character of the historic structure may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fcYtures shall be consistent with the architectural period and design style of the structure and shall not exceed SO watts. 4) Lighting for Temporary Commercial Use/Special Events. Requests for exemptions for lighting associated with temporary commercial uses and/or special events may be applied for under the Temporary Commercial Uses/Special Events procedures in the Land Use Code. O) NONCONFORMING LIGHTING. Unless otherwise specified within this Ordinance, within one (1) year of the effective date of this Ordinance, all outdoor lighting fixtures that do not conform to requirements of this Ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Until that time, all existing outdoor lighting fixtures in compliance with the 1994 Pitkin County Land Use Code shall be considered legal nonconforming fixtures. P) LIGHTING PLAN. Where Scenic Qualitl• policies or regulations are a consideration in land use reviews of proposed development, the Community Development Department has the discretion to require submittal and approval of a lighting plan either as part of the land use review or as a requirement of building permit submittal. Q) APPEAL. Any appeals related to decisions regarding outdoor lighting shall be made to the Board of County Commissioners. INTRODUCED AND FIRST READ AT A PUBLIC HEARING AND REGULAR MEETING ON THE 27`h DAY OF OCTOBER, 1999 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIME WEEKLY on the day of , 1999 APPROVED AND ADOPTED AFTER SECOND READING (OR SUBSEQUENT READING) AND PUBLIC HEARING ON THE ON THE 3RD DAY OF NOVEMBER, 1999. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF 1 1999 THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Leslie J. Lamont, Chairperson Date: Lyndee R. Dean, Deputy County Clerk Approved as to Form: John Ely, County Attorney RECOMMENDED FOR ADOPTION: Ellen Sassano, Senior Long Range Planner • • MEMORANDUM TO: Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81621 Phone: (970) 920-5090 Fax: (970) 920-5439 City Engineer Zoning Officer Housing Director Parks Department Aspen Fire Marshal ity Water istoric Preservation Officer Transportation Manager City Manager Sanitation District Building Department L"nvironmental Health Electric Department City Attorney 'Streets Department RFTA, Mike Davis Community Development Director FROM: Stephanie Millar, Community Development RE: Lighting Ordinance DATE: July 28, 1999 REFERRAL SCHEDULE D E G `1i t Attached for your review and comment is a copy of the Draft Lighting Ordinance 0 toI"�owlP4,c� To: Chris Meyer, Rising Sun Enterprises - - C From: Stephanie Millar Date: July 29, 1999 RE: City of Aspen, Draft Outdoor Lighting Ordinance No. of pages: 8 Chris, Following is a copy of the draft lighting ordinance for the City of Aspen. We would like to retain up to three (3) hours of your services for review of the ordinance. Specifically, I would like you to focus on some of the following issues: 1. Is there anything that is incomplete or unclear? 2. Are the height recommendations appropriate? 3. Are foot candles recommendations appropriate? 4. Does the ordinance provide us with an appropriate level of control to address our major issues of concern such as light trespass and "dark sky" protection? 5. Is the Lighting Plan Section clear and complete? Are they unreasonably stringent? 6. Are the review standards reasonable, accurate and clear? Our goal is to create an ordinance that is as streamlined as possible. We do not want it to create extra bureaucracy or increase the workload of staff, but we do want it to be effective in achieving our goals. As I said in my phone message, I will be out of the office on Friday but will give you a call on Monday to discuss what we need. I can be reached at 920-5102 or via email at stephani@ci.aspen.co.us I look forward to talking with you. Code Issues Related to Lighting Ordinance You and Julie Ann asked me to do several things related to the lighting ordinance. 1. Do a word search in the code related to lighting to identify conflicts 2. Ask Chris and Sarah if they could identify additional conflicts or problems 3. Identify what needs to referenced or changed in PUD 4. Develop a list of Street Lights that would comply with our proposed standards Following is a summary of my findings. I would like to meet with you and discuss these. 1. Do a word search in the code related to lighting to identify conflicts I did not really find anything I would consider to be conflicting. Following are the areas that specifically referenced lighting that I thought were relevant. p p Existing Lighting Code: 1" 26.575.150 Lighting: Any light used to illuminate parking areas or for any other purpose (QQ shall be so arranged as to reflect the light away from nearby residential properties and vision of passing motorists. 26.435.040 Stream Margin Review Standards. Page 119: All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; C f D-.,ALQ- Hallam Lake Bluff review standards. Page124 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope. U.445.030 Procedures for Review. PN 0 Review Standards page 141 C�-"k q (' a Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. 26.510 SIGNS Page 219 c---:) &tV, "A P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes, and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded.' , , � + 26.515.020 Characteristics of off-street parking spaces and access to street or alley rL . Page 230 G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential dwellings or interfere with driver vision. 26.575.130 Wireless Telecommunication Services Facilities and Equipment Page 256 Site plan must include lighting 5. Lighting plan and photometric study indicating the size, height, location and wattage of all proposed outdoor lighting sources. This study must also include a graphic indicating the spread and degree/intensity of light from each source/fixture. This requirement can be waived by the Community Development Director if little or no outdoor lighting is proposed. 6. Lighting and Siege. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a. The light source for security lighting shall feature down - directional, sharp cut-off luminaries to direct, control, screen or shade in AL_/ such a manner as to ensure that there is no spillage of illumination off site. b. Light fixtures, whether free-standing or tower -mounted, shall not exceed twelve (12) feet in height as measured from finished grade. 2. Ask Chris and Sarah if they could identify additional conflicts or problems Sarah did not have any issues and I did not hear back from Chris yet. �I P N 3. Identify what needs to referenced or changed in PUD (�\ � _� .� Chapter 26.445 PLANNED UNIT DEVELOPMENT PUD `'V Y N P ( ) Starts on page 135 I. Lighting. All lighting shall be arranged so as to prevent direct glare or hpus interference of any kind to adjoining streets or lands. (pg 141) Propose adding " and must comply with the lighting standards set forth in section Ll i 26.575 of the code 4. Develop a list of Street Lights that would comply with our proposed standards I am working on finding a standardized list but have not yet located one. An alternative is that we could change it to say that we will review each request as it comes in and that it should comply with the spirit of the ordinance. FAX To: Chris Rising Sun fax: 927-3635 From: Stephanie Milllar, City of Aspen phone: 920-5102 Chris, I have had several rounds of edits around here on here on this so it has changed a little bit. Attached is a list of comments I received yesterday, some of which I could use your advice on. Also attached is the latest draft. Can you meet at about 8 AM Monday morning? Maybe we could meet at Java Joes or someplace in town, then I can catch the bus into Aspen when we are done. Thanks! Comments on lighting Ord. from Development Review Committee Page 2, b. Foot Candles AZ Candles are generally measured from the foot print rather than from 3 feet above. Maybe that should be changes (Chris?) v \ Page 3, Non Residential Lighting, a. �1 Need a procedure for exemptions (suggestions?) Page 3, Non Residential Lighting, e. pole mounted fixtures J� /SO Need to establish max. spacing standards (suggestions?) \� Page 3, Non Residential Lighting, h. up -lighting 'y. t(„ -- p Prohibit uplighting all together, too hard to be able to tell on a lighting plan how shielding will work ` Comments on Lighting Ord. from Joannie from CORE Page 3, Non Residential Lighting, o, Add something for gas stations, such as: � Td Outdoor vending, such as gas stations, require prior approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. Page 4, Residential Lighting, e Should there be a maximum wattage per property? U Page 4, Residential Lighting, f. You may want to prohibit these entirely Page 4, Residential Lighting, Add something about light trespass, such as... Light trespass at property lines should not exceed .1 of a foot candle as measured at the brightest point. Page 7, General Requirements 2.Foot Candles, b. security lights Check with Chris on intensity of security lights \0 Page 7, Review standards -L Check with Chris on parking lot light height standards, suggest 20, ip 6nmercial areas and in residential areas. 6W What about fagade lighting? Standards should include down lit, only historical structures or structures significance to the community, percent of light allowed, exemption process, complete flogd lighti ohibited. • s o3 L t Vu 4, e--" iw,, `0 L11n5 �' y �� R �.�� Tuc CTTV nu ACDCT.T MEMO FROM STEPHANIE MILLAR SENIOR LONG-RANGE PLANNER 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 - - - - - - - - - --- - Nk-ca ID (v �04 ���� y6--j Jei L.L,), I k C� -tm(` A. Tu❑ CITV nP Ar.PVM MEMO FROM STEPHANIE MILLAR SENIOR LONG-RANGE PLANNER CVlk_ e vbd �h ck ' cam,,. / r-ee J"v 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 5LG �„ICI f4 THE CITY OF ASPEN MEMO FROM STEPHANIE MILLAR f SENIOR LONG-RANGE PLANNER (i j �y 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 THE CITY OF ASPEN MEMO FROM STEPHANIE MILLAR SENIOR LONG-RANGE PLANNER � F /1, I '- , L�'r" - 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 Leo .. • • -7120 lq'7 Issues from review discussions — Define Decorative fixtures Lighting Plans. (a) An outdoor lighting plan shall be submitted in conjunction with any subdivision, planned unit development, site plan development review, site plan development exemption, special review application, and building permit application for a commercial and multi -family building. Said plan shall show the following: page 2 Julie Ann suggested we add "single family" to this list. Is it reasonable to ask all single family homes to provide alighting plan (a few hundred dollars worth of consulting work)? We could perhaps say it applies to properties over a certain size... ? Item "B " in the same section allows us some discretion in what we require, allowing some flexibility in who we demand a lighting plan from. (c) All light sources which are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section. Page 3 This is in Basalt's, under what circumstances would we want to all non fully shielded lights? (d) HID light sources are allowed with a maximum wattage of 250 high pressure sodium (HPS) and 250 watt metal halide. Standards for other HID light sources may be established by the Town for new technology consistent with the above restrictions. Page 3 This is in Basalt's 1 can't remember why such a high wattage would allowed. (e) Pole mounted fixture spacing for security and parking lot light fixtures shall be no less than 75 ft. Fully shielded decorative fixtures are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Aesthetic fixtures directed back toward a building face shall be exempt from this spacing requirement when fully shielded. Aesthetic fixtures that are not fully shielded shall maintain a minimum spacing of 25 ft. Where security lighting is a combination of lamp posts and wall fixtures, minimum spacing shall be 75 ft. page 3, 4 Check on spacing coverage related to lower pole mounting (from 28 to 16 feet). Non-residential lighting standards. (h) Uplighting: limited to a total lamp wattage within a fixture of 35 watts page 4 Do they make outdoor fixtures with such a low wattage? Page 9 07/22/99 Photo -cell or timer controlled lights shall be prohibited: Julie Ann asked why would we prohibit these when they seem like a good option for second home owners. Page 4 We would prohibit them because it would be better to have a motion sensor light that is triggered only when needed. One of our major complaints is the constant lighting of these houses. However, a timer is better than nothing if they are going to leave them on all the time (day included) to get around this. Julie Ann asked what is: Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare and temporary in nature with a maximum duration of not more than ninety (90) days. Page 5 Municipal lighting is a catch all for any special event lighting the city may need to use on a temporary basis. General. Non-IESNA approved cut-off fixtures which use incandescent bulbs of 100 watts or less may be used to illuminate landscape plantings, pedestrian walkways, signage, or product display areas, provided such fixtures are not within six (6) feet of one another, are not prohibited (see Section , and comply with all "General Requirements" set forth above. Page 6 Should we get rid of this or lower the wattage allowed? Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays or lighting required by the FAA for air traffic control and warning purposes. Page 6 Julie Ann wants to know: We have a lot of florescent lights. What are the implications of banning them? Is there a certain kind offlorescent we should allow and others we should ban? C: my docs/I ighting/neword. doc Draft: July 8, 1999 Page 10 07/22/99 I.P Ano' CmM� Mem , To: Julie Ann oo /„o ` U Sarah Oates��� � From: tephanie Millar ) \t/S C/ } RE: Draft Lighting Ord. I To be reviewed at Thursday s Staff meeting oA G City of Aspen (. Revised Draft July 8, 1999 Outdoor Lighting Ordinance r Supplemental Regulations 26.575. c,-> L-LAC. �26_575 Intent and Purpose. The City of Aspen is experiencing a significant increase in the exterior illumination. The residents value Aspen's small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. On the other hand, it is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City of Aspen. The installation or replacement of any outdoor lighting fixture(s) shall require a building permit. Said permit may not be issued unless the proposed installation is found by the Community Development Director, the Historic Preservation Officer, or the Zo ing Officer to conform to all applicable provisions of this Section. Existing outdoor lighting hall be considered existing non -compliant lighting for three years from the adoption date of this ordinance. When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire outdoor lighting installation shall be subject to the requirements of this Section. Definitions. (a) Fully Shielded Light: light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. Exemptions from this definition may be allowed for aesthetic lighting elements such as shades with perforated patterns and opaque diffusers. (b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. (d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed. in accordance with accepted industry standards. (e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). (f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. Lighting Plans. (a) An outdoor lighting plan shall be submitted in conjunction with any subdivision, planned unit development, site plan development review, site plan development exemption, special review application, and building permit application for a commercial, j>r multi -family arrI building. Said plan shall show the following: (1) The location and height above grade of light fixtures; N x & (2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, measured in foot-candles; and (5) Other information deemed necessary to document compliance with the provisions of this Article. (b) Applications for single family and duplex building permits shall be required to provide all information necessary to document compliance with the provisions of this Chapter, as determined by the City Building Official. Said information may be required in the form of a Page 2 07/20/99 lighting plan consistent with this Section. Street Lighting'.All lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards: J . (a) All light fixtures must be fully shielded. (S C-Ob"to �4A <�(b) Maximum fixture height shall be 16 ft. Exemptions up to a maximum of 25 ft. may be granted for street lights located at opposing corners of intersections. (c) A minimum of 100 ft. shall be maintained between street light fixtures. Exemptions to t is s an ar may considered when fixtures are located on opposing corners of fi an intersection, at a pedestrian crosswalk, or where similar special or unique conditions exist. Exemptions may be considered only where fixture type, placement and light intensity are � n modified to conform with the intent of the minimum spacing requirement. LP (d) Fixture om a list of 7- . Said list will be approved by th Planning and Zoning Commission. Property owners and developers may petition the Commission for inc usi #,h,0,, T{L� e.(- ( J VJ p Z (e) Existing nonconforming fixtures shall be replaced in accordance with regular replacement schedules. No new nonconforming fixtures shall be use&. 1^ . Non -Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings OL�" shall conform with Illuminating Engineering Society of North America (IESNA) criteria for "true cut-off fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away. l , The light level shall not exceed 15 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 25 foot-candles. (b) Outdoor lighting shall be 12 ft. or less in height unless it is: V • Fully shielded with a non-adjustable mounting; or • Lighting for par ' and vehicle circulation areas in which case heights up to Lp fir' �"Y a maxiM of 28 may be allowed; or ax f • Bui inounte and directed back at a sign or building fagade; or k K �'1'�0 • Lighting on above -grade decks or balconies which shall be fully shielded. 'M�, (c) vo- All light sources which are of fully shielde ll use other than a clear lens N material, as the primary lens material, to enclose e ig t bulta o minimize glare from a point Page 3 07/20/99 0 . 0 light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption rocess. �V,er.< < ,� pro G� . (d) HID light sources are allowed with a maximum wattage of 250 high pressure r m (HPS) and 250 watt metal halide. Standards for other HID light sources may belished by the Town for new technology consistent with the above restrictions. W (e) Pole mounted fixture s acin for security and parking lot light fixtures shall be no less than 75 ft. Cully shielded decorative fixtures are allowed to maintain a 50 ft. fixture spacing) ,j Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured / horizontally. Aesthetic fixtures directed back toward a building face shall be exempt from this spacing requirement when fully shielded. Aesthetic fixtures that are not fully shielded shall maintain a minimum spacing of 25 ft. Where security lighting is a combination of lamp posts and wall fixtures, minimum spacing shall be 75 ft. �a✓%t� al f.� Jh•� o arr! c.9 {+ lot GCJJ ti' %��/►� a� �'L7�.� t�+�C C.o -�j Pole mounted fixtures shall be limited to two light sources per pole. ecorative fixtures may be exempted from this requirement up to a maximum of three ig t sources per pole. U-) ;t N �tF,,,,h` ,f ��c fix-rt,,,�, (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square c� footage of uses. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or ree canopies, which can functionally reflect illumination back to the ground. In these cases the fixture spacing is limited to one fixture per 1 s .ft. of area (as Vr, measured in a horizontal plane) and a total lamp wattage within a fixture oQ5 watts. —L�e-�^�' '�'^ °'^' • �` (i) n Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. Sign Lighting. In addition to the provisions of Section X X X '\,, the following provisions shall further regulate lighting of signs„ (a) Sign illumination shall not exceed 75 foot-candles as measured at the brightest point on the sign face. r t�7'' (b) Signs in residential neighborhoods ancWne districts''shall be illuminated only by lighting which conforms with the Residential Lighting Standards. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: (a) Outdoor lighting shall be 12 ft. or less in height. Page 4 07/20/99 (b) Lighting on above -grade decks or balconies >bAshall be fully shielded. (c) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 100 watts. (d) All light sources shall use other than a clear lens material, as the primary lens S material, to enclose the light bulb to minimize glare from a point source. is A4,� e (e) Landscape lighting is limited tE<50watts er fixture per 150 sq.ft. h; J ` (f) Flood lights and security lights shall be restricted as follows: 1) The point ligounce shall not be visible from adjoining lots or streets. A,_ L 1' Photo -cell or timer controlled hts s all be pro i ited Lights must be fully shielded, down directed and screened from adjacent properties in a manner that prevents light trespaso �.� �� • 7) Light intensity shall not exceed 10 foot-candles measured 3 ft. above s a finished grade. ,4) p o 1: fix -h..re J -." l.c ! �•- `'� n•-rc-'�" 12 ' t .. �--� (g) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally reflect illumination back to the ground. In these cases the fixture spacing is limited to one fixture per 150 SQ.ft. of f �� A areas (as measured in a horizontal plane) and a total lamp wattage within a fixture 35 watts. 2 Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Section, including those requirementsts per>ine to Zoning Officer review (see "Procedure," above). Z �.' t y� � i W 1100 Gc ,,, 1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including the Thanksgiving Holiday and Easter Sunday shall be exemp from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard. _,�k )' �s —� 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare and temporary in nature with a maximum duration of not more than ninety (90) days. 3. 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 not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. The approval shall be renewable at the discretion of the Community n Page 5 07/20/99 f Development Director upon consideration of all the circumstances. 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 AnA=w deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exempPOU&o"11rhting or exemptions requested; b. TypeJa kd use o fixture(s) involved; C. Duration of tithe requested for exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp(s); f. Proposed location on premises of the outdoor light fixture(s); g. Previous temporary exemptions, if any, and addresses of premises thereunder; h. Physical size of outdoor light fixture(s) and type of shielding provided; and, i. Such other information as may be required by the Community Development Department Director. 4�) iJ 4. General. Non-IESNA approved cut-off fixtures which use incandescent bulbs of 100 watts or less may be used to illuminate landscape plantings, pedestrian walkways, signage, or product display areas, provided such fixtures are not within six (6) feet of one another, are not prohibited (see Section _�, and comply with all "General Requirements" set forth above. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof except where required by building code. ( or C% r.,,� rav_e, 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures. 3._ Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and 4hted signs shall be prohibited, except for temporary holiday displays or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. -n,,; , i u..-�,A a (,f T2"./ 5. Linear lighting (including neon, uorescen , rope -lighting, strings Io lht bulbs�and low voltage strip -lighting) primarily intende as an architectural highlight to aact attentiorf or used as a means of identification or advertisement shall be prohibited. 6. Unshielded flood lights without motion sensors shall be prohibited. 7. 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: Page 6 07/20/99 a. Any fixed light not designed for roadway illumination that produces incident or reflected light 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. 8. No beacon or search light shall be installed, illuminated, or maintained. 9. Up -lighting is prohibited, except as otherwise provided for in this Section. Nonconforming Lighting. Unless otherwise specified within this ordinance, within four (4) years of the effective date of this ordinance, all out door lighting fixtures that do not conform to every requirement of this ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Until that time, all outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. Enforcement. Enforcement of this Section shall adhere to the rules and procedures set forth at Chapter 26.120 of the Aspen Municipal Code. Review Standards. / G� 1. Height. Outdoor residential and commercial lighting shall b ten (10) f:eeltor less Z , above grade in height. Special review may allow lighting of a greater height e following circumstances: L 6 -�� (1, -Z a. A fixture of a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. Lighting for parking and vehicle circulation areas may have a maximum height of 28 feet above grad and shal hielded, or C. Lighting on a ov ade decks or balconies, which shall be fully shielded. W 0 2. Shielding, Visibility and Glare. a. Lights must be fully shielded, down directed and screened from adjacent apt 41% vv''.�7 properties in a manner that prevents light trespass. 64 b. The point light source shall not be visible from adjoining lots or streets. c. All light sources shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. JJ 6*-< d. Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscapin element. -r ►'� Such elements may include awnings, dense shrubs, or yea and tree w- canopies, which can functionally reflect illumination back to the ground. In these cases the fixture spacing is limited to one fixture per 150 sq.ft. of areas ed in a horizontal plane) and a total lamp wattage within a fixture �igting e. f flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts in conjunction with commercial or public use. f. Outdoor lighting installation shall not exceed a maximum foot candle ratio of Page 7 07/20/99 CI ten to one (10:1) relative to neighboring and adjacent properties within a zone district. —� 3,57 3. Foot Candles. a. Landscape lighting is limited t 0 watt Wer fixture per 150 sq.ft. b. Security lighting and flood light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. c. Sign illumination shall be allowed only in commercially zoned areas and shall not exceed 75 foot candles as measured at the brightest point on the sign face. 4. Architectural Compatibility. / I ✓,Lre''' -C� a. Lighting fixtures on desiguatad4iistoric structures shall be consistent with the architectural period and design style and shall be approved by the Historic Preservation Officer. pa--o C- e� C rnydocs/Iighting/neword.doc Draft: July 8, 1999 M Page 8 07/20/99 • 3,,.,14 ad w - G4k s City of Aspen Revised Draft July 8, 1999 Outdoor Lighting Ordinance Supplemental Regulations 26.575. 26.575. Intent and Purp :'Le. TheCity of Aspen experiencia a significant increase in the use of exterior illuminationresidents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. On the other hand, it is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, D� h. prevent inappropriate and poorly designed or installed outdoor lighting. i Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting `` within the City of Aspen. The installation or replacement of any outdoor lighting fixture(s) shall y J require a building permit. Said permit may not be issued unless the proposed installation is found by the Community Development Director, the Historic Preservation Officer, or the Zoning Officer to conform to all applicable provisions of this Section. Existing outdoor lightingipshall ✓ �+ be considered existing non -compliant lighting for three years from the adoption date of this ordinance. When an outdoor lighting installation is being modified, extended, expanded, or added to, the entire outdoor lighting installation shall be subject to the requirements of this y•, A � Section. Definitions Fully Shielded Light: light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a r photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. Exemptions from this definition may be allowed Q for aesthetic lighting elements such as shades with perforated patterns and opaque diffusers. (b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. (d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards. (e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). (f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. Lighting Plans. (a) An outdoor lighting plan shall be submitted in conjunction with any subdivision, planned unit development, site plan development review, site plan development exemption, special review application, and building permit application for a commercial, or multi -family building. Said plan shall show the following: (1) The location and height above grade of light fixtures; (2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, measured in foot-candles; and (5) Other information deemed necessary to document compliance with the provisions of this Article. (b) Applications for single family and duplex building permits shall be required to provide all information necessary to document compliance with the provisions of this Chapter, as determined by the City Building Official. Said information may be required in the form of a lighting plan consistent with this Section. Street Lighting. All lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards: (a) All light fixtures must be fully shielded. (b) Maximum fixture height shall be 16 ft. Exemptions up to a maximum of 25 ft. may be granted for street lights located at opposing corners of intersections. Page 2 07/19/99 (c) A minimum of 100 ft. shall be maintained between street light fixtures. Exemptions to this standard may be considered when fixtures are located on opposing corners of an intersection, at a pedestrian crosswalk, or where similar special or unique conditions exist. Exemptions may be considered only where fixture type, placement and light intensity are modified to conform with the intent of the minimum spacing requirement. A. d) Fixture types shall be selected from a list of City Approved Designs. Said list will e ap ed by the Planning and Zoning Commission. Property owners and developers may petition the Commission for inclusion of new designs. (e) Existing nonconforming fixtures shall be replaced in accordance with regular replacement schedules. No new nonconforming fixtures shall be �. Non -Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings slob& shall conform with Illuminating Engineering Society of North America (IESNA) criteria for "true cut-off fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away. The light level shall not exceed 15 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 25 foot-candles. (b) Outdoor lighting shall be 12 ft. or less in height unless it is: • Fully shielded with a non-adjustable mounting; or • Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 28 ft. may be allowed; or • Building mounted lighting directed back at a sign or building fagade; or • Lighting on above grade decks or balconies which shall be fully shielded. (c) All light sources which are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process. (d) HID light sources are allowed with a maximum wattage of 250 high pressure sodium (HP nd 250 watt metal halide. Standards for other HID light sources may be established by the Town for new technology consistent with the above restrictions. (e) Pole mounted fixture spacing for security and parking lot light fixtures shall be no less than 75 ft. Fully shielded decorative fixtures are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured Page 3 07/19/99 horizontally. Aesthetic fixtures directed back toward a building face shall be exempt from this spacing requirement when fully shielded. Aesthetic fixtures that are not fully shielded shall maintain a minimum spacing of 25 ft. Where security lighting is a combination *of lamp posts and wall fixtures, minimum spacing shall be 75 ft. (f) Pole mounted fixtures shall be limited to two light sources per pole. Decorative fixtures may be exempted from this requirement up to a maximum of three light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or tree canopies, which can functionally reflect illumination back to the ground. In these cases the fixture spacing is limited to one fixture per 150 sq.ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. (i) Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. Sign Lighting. In addition to the provisions of Section XXXX, the following provisions shall further regulate lighting of signs. (a) Sign illumination shall not exceed 75 foot-candles as measured at the brightest point on the sign face. (b) Signs in residential neighborhoods and zone districts shall be illuminated only by lighting which conforms with the Residential Lighting Standards. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: (a) Outdoor lighting shall be 12 ft. or less in height. (b) Lighting on above grade decks or balconies which shall be fully shielded. (c) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 100 watts. (d) All light sources shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. (e) Landscape lighting is limited to 50 watts per fixture per 150 sq.ft. Page 4 07/19/99 (f) Flood lights and security lights shall be restricted as follows: The point light source shall not be visible from adjoining lots or streets. Photo -cell or timer controlled lights shall be prohibited. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that prevents light trespass Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. (g) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owners property lines. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally reflect illumination back to the ground. In these cases the fixture spacing is limited to one fixture per 150 sq.ft. of areas (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Section, including those requirements pertaining to Zoning Officer review (see "Procedure," above). 1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including the Thanksgiving Holiday and Easter Sunday shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare, 3. 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 not more than fourteen (14) days from the date of. issuance of a written and signed statement of approval. The approval shall be renewable at the discretion of the Community Development Director upon a consideration of all the circumstances. 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 and as deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type and use of outdoor lighting fixture(s) involved; C. Duration of time requested for exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp(s); Page 5 07/19/99 �J f. Proposed location on premises of the outdoor light fixture(s); g. Previous temporary exemptions, if any, and addresses of premises thereunder; h. Physical size of outdoor light fixture(s) and type of shielding provided; and, i. Such other information as may be required by the Community Development Department Director. 4. General. Non-IESNA approved cut-off fixtures which use incandescent bulbs of 100 watts or less may be used to illuminate landscape plantings, pedestrian walkways, signage, or product display areas, provided such fixtures are not within six (6) feet of one another, are not prohibited (see Section ), and comply with all "General Requirements" set forth above. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof, except where required by building code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and lighted signs shall be prohibited, except for temporary holiday displays or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including neon, fluorescent, rope -lighting, strings of light bulbs, and low voltage strip -lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded flood lights without motion sensors shall be prohibited. 7. 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 incident or reflected light 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. No beacon or search light shall be installed, illuminated, or maintained. 9. Up -lighting is prohibited, except as otherwise provided for in this Section. Nonconforming Lighting. Unless otherwise specified within this ordinance, withi ou�(4) Page 6 07/19/99 PZ �� • • years of the effective date of this ordinance, all out door lighting fixtures that do not conform to siim}- requirementsof this ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Until that time, all outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be ten (10) feet or less above grade in height. Special review may allow lighting of a greater height under the following circumstances: a. A fixture of a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. Lighting for parking and vehicle circulation areas may have a maximum height of 28 feet above grade and shall be fully shielded, or c. Lighting on above grade decks or balconies, which shall be fully shielded. 2. Shielding, Visibility and Glare. a. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that prevents light trespass. b. The point light source shall not be visible from adjoining lots or streets. c. All light sources shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. d. Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year round tree canopies, which can functionally reflect illumination back to the ground. In these cases the fixture spacing is limited to one fixture per 150 sq.ft. of areas (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. e. Uplighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts in conjunction with commercial or public use. f. Outdoor lighting installation shall not exceed a maximum foot candle ratio of ten to one (10:1) relative to neighboring and adjacent properties within a zone district. 3. Foot Candles. a. Landscape lighting is limited to 50 watts per fixture per 150 sq.ft. b. Security lighting and flood light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. c. Sign illumination shall be allowed only in commercially zoned areas and shall not exceed 75 foot candles as measured at the brightest point on the sign face. Page 7 07/ 19/99 4. Architectural Compatibility. a. Lighting fixtures on designated historic structures shall be consistent with the architectural period and design style and shall be approved by the Historic Preservation Officer. C rnydocs/lighting/neword.doc Draft: July 8, 1999 Page 8 07/19/99 0 0 )�k i I (). X-Sender: philo@water Date: Tue, 13 Jul 1999 09:44:02 -0600 To: Stephanie Millar <stephani@ci.aspen.co.us> From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Re: lighting ord. Cc: jinxc@ci.aspen.co.us Stephanie, I checked on the shielding part of the ordinance as well and found that the antique style of lights (used in the commercial core and west end) aren't set up for shielding. They are very low intensity lights and shielding is generally not an issue. We should have an exception built in for these as well. Phil At 09:54 AM 7/13/99 -0600, you wrote: >How is this? I added (e) to allow for the existing Mercury Vapor lights. The rest is taken from national standards. >Your input is very much appreciated. >++++ >Street Lighting. All lighting illuminating public right-of-ways and >easements or private streets shall conform with the following standards: > (e) Existing nonconforming fixtures shall be replaced in accordance with regular replacement schedules. No new nonconforming fixtures shall be purchased. >At 11:49 AM 7/12/99 -0600, you wrote: >>Stphanie, >>I think we would have a problem with an ordinance that prohibits mercury vapor light fixtures. We have about 90 in the City currently. We generally aren't adding new fixtures of this type. Call me at 5111 if you have more questions. Thanks, >>Phil X-Sender: philo@water Date: Mon, 12 Jul 1999 11:49:20 -0600 To: stephani@ci.aspen.co.us From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Re: lighting ord. Stephanie, I think we would have a problem with an ordinance that prohibits mercury vapor light fixtures. We have about 90 in the City currently. We generally aren't adding new fixtures of this type. Call me at 51 I 1 if you have more questions. Thanks, Phil >Received: from commons.ci.aspen.co.us (commons.ci.aspen.co.us [205.170.56.1]) >To: Phil Overeynder <philo@ci.aspen.co.us> >From: Jinx Capparella <jinxc@ci.aspen.co.us> >Subject: Re: lighting ord. >Phil, Yes, there are 50 mercury vapor ones in our srevice area and we take care of 36 more in Holy Cross service area. >At 02:40 PM 7/9/99 -0600, you wrote: >>Jinx, >>Do we use any of these lighting fixtures (see Stephanie's note)?? Let me know, thanks, >>Phil >>>Received: from commons.ci.aspen.co.us (commons.ci.aspen.co.us [205.170.56.1]) >>>To: philo@ci.aspen.co.us, nicka@ci.aspen.co.us >>>From: Stephanie Millar <stephani@ci.aspen.co.us> >>>Subject: lighting ord. >>>Do we have any street lights that are mercury vapor or low-pressure sodium? >>>I plan to recommend they be prohibited due to their poor color rendering qualities. Most lighting ord. samples I have seen call for such a prohibition. >>>Stephanie Lawson Millar >>>Senior Long -Range Planner >>>City of Aspen >>>(970) 920-5102 >>>(970) 920-5439 Fax Amy Guthrie, 02:53 PM 7/20/99 , Re: lighting ord. .J X-Sender: amyg@comdev Date: Tue, 20 Jul 1999 14:53:04 -0600 To: Stephanie Millar <stephani@ci.aspen.co.us> From: Amy Guthrie <amyg@ci.aspen.co.us> Subject: Re: lighting ord. We need an exemption in there for historic light fixtures. For instance, the Isis sign, which we have required to go back on the building, will not meet the code I assume. I think some other buildings, such as Ute City Banque, have some original fixtures. At 02:01 PM 7/20/99 -0600, you wrote: >In case you would like to review the lighting ord. as modified it is attached. >It is still long but I think it is less complicated than Mitch's and >hopefully won't create quite as much additional work while still directing >us towards our goals. >Attachment Converted: C:\home\attach\NEWORD.doc >Stephanie Lawson Millar >Senior Long -Range Planner >City of Aspen >(970) 920-5102 >(970) 920-5439 Fax Wisit the AACP web site at http://www.aspen.com/character/ Printed for Stephanie Millar <stephani@ci.aspen.co.us> 1 e Ce Review Standards: 1. Heig utdoor residential and commercial lighting shall be ten (10) feet or less in height.,Special review may allow lighting of a greater height under the following �y circumstances: a. A fixture of a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or Lighting for parking and vehicle circulation areas may have a maximum height of�- 28 feet and shall be fully shielded, or Lighting on above grade decks or balconies which shall be fully shielded. C w,-*- k �� 2. Shielding, Visibility and Glare. a. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that prevents light trespass. cu- b. The point light source shall not be visible from adjoining lots or streets.. c. All light sources shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. d. Up -lighting is only permitted if the light distribution from the fixture is effectively�� Ix contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or tree canopies, which can functionally -- reflect illumination back to the ground. In these cases the fixture spacing is 0" C' limited to one fixture per 150 sq.ft. of areas (as measured in a horizontal plane)r�- and a total lamp wattage within a fixture of 35 watts. \uj4 e. Uplighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts awas ON454K Gin J U wed f. Outdoor lighting installation shall not exceed a maximum foot candle ratio of ten �� c to one (10:1) relative to neighboring and adjacent properties within a zone district. 3 3. Foot Candles. a. Landscape lighting is limited to 50 watts per fixture per 150 sq.ft. b. Security lighting and flood light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. c. Sign illumination shall be allowed only in commercially zoned areas and shall not exceed 75 foot candles as measured at the brightest point on the sign face. 4. Architectural Compatibility. 1 a. Lighting fixtures on designated historic structures shall be consistent with the architectural period and design style and shall be approved by the Historic km r4- Preservation Commission. Yte (cam 07/02/99 Lee Cassin, 11:49 AM 7/7/99 -, Re: Lighting Ord. Lee, C - Date: Wed, 7 Jul 1999 11:49:23 -0600 (MDT) X-Sender: leec@comdev To: Stephanie Millar <stephani@ci.ospen.co.us> From: Lee Cassin <leec@ci.aspen.co.us> Subject: Re: Lighting Ord. Stephanie, Sorry, I had to meet with Amy on fluoride when you were meeting. My only thought was, from an enivronmental point of view, not planning, it seems like it's all design and there's no attempt to say you can't have 90-bazillion lights if they're the right type or a design hpc likes. Shouldn't the total foot-candles in any one house be limited? How about requiring use of efficient lights - compact fluorescents, halogens, solar lights??? Also, where I live, soon to be annexed, in affordable housing, our wiring failed and we had to put in new lights. Would we really have to incur the costs of going to hpc and p&z and an application just to put in lights???? Maybe review only if you have a lot or certain kinds? Maybe exempt affordable or deed restricted units? thanks, lee At 11:03 AM 7/7/99 -0600, you wrote: >Do any of you have any comments on the lighting ordinance I gave you last week? >After meeting internally, I believe we are going to try and simplify the >ordinance. Any comments you have on what you think should or should not be >included would be helpful. >Stephanie Lawson Millar >Senior Long -Range Planner >City of Aspen >(970) 920-5102 >(970) 920-5439 Fax Wisit the AACP web site at http://www.aspen.com/character/ Lee. E. Cassin, City Director Aspen/Pitkin Environmental Health Department (970)920-5075 fax (970)920-5074 http://www.aspen.com/airquality Printed for Stephanie Millar <stephani@ci.aspen.co.us> X-Sender: saraho@comdev Date: Thu, 08 Jul 1999 12:19:25 -0600 To: Stephanie Millar <stephani@ci.aspen.co.us> From: Sarah Oates <saraho@ci.aspen.co.us> Subject: Re: Lighting Ord. The only comment I have is that thedgyximum allowable sign is 20 sq. ft. so the regulation about turning them off at 11 pm if 20 sq. ft. or greater is not relevant. I don't really have issues with signs being illuminated late at night, but that's just me. Maybe we should talk about residential issues --many of the complaints about lighting are from neighbors of houses that leave there lights on all the time. It is really unenforceable, but it is something to think about. We also should sit down and talk about how the lighting code and sign code will fit together. Do you have anything scheduled in front of council or P&Z? Let me know. At 11:34 AM 7/8/99 -0600, you wrote: >Here are Basalt's regulations regarding Sign Lighting. I want to make this >consistent with where ever our new sign code is going - I know there is no >back lighting or neon allowed but I don't know the following: maximum size? >Time you have to turn off light? Residential issues? Anything else you would >add here? >Sign Lighting. > In addition to the provisions of Section XXXX, the following provisions >shall further regulate lighting of signs. > (a) Sign illumination shall not exceed 75 foot-candles as measured at the >brightest point on the sign face. > (b) Signs in residential neighborhoods and zone districts shall be >illuminated only by lighting which conforms with the Residential Lighting >Standards. > (c) Illuminated signs equal to or larger than 20 sq.ft. in size shall be >turned off no later than 11:00 p.m. or one-half hour after the use to which >it is appurtenant is closed, whichever is later. Cut-off fixture as defined by IESNA. • RISING SUN ENTERPRISES, INC. (970) 927-8051 0040 SUNSET DR #1 BASALT. CO 81621 vv� INVOICE SOLD SHIP TO: CITY OF ASPEN TO: 130 S. GALENA ASPEN, CO 81611 AT�P SzLNA1j'c /LLAJZ SHIP VIA .....: SHIP DATE ...: DUE DATE .... TERMS ......: 08/31/99 09/01/99 UPON RECPT INVOICE NUMBER: 114950 INVOICE DATE: 08/31/99 PAGE: 1 LIGHTING ORDINANCE REVISION CUST. I.D...........: P.O. NUMBER ....... P.O. DATE .........: OUR ORDER NO.....: SALESPERSON ...... CI05 08/31/99 CHRIS ZEM I.D./DESC. ORDERED 1" 1 ------------------------------------------------------------------------------- CONSULTING 3.00 3.00 EACH 75.0000 225.00 E HOURLY CONSULTATION ON LIGHTING ORDINANCE CONSULTING 1.50 1.50 EACH 0.0000 0.00 E HOURLY CONSULTATION ON LIGHTING ORDINANCE End user is responsible for any USE Taxes SUBTOTAL: 225.00 A Finance charge of 1.5% interest per month TAX 0.00 will be charged on all invoices over 30 days. PAYMENTS: 0.00 TOTAL 225.00 - • • PUBLIC NOTICE RE: CITY OF ASPEN OUTDOOR LIGHTING ORDINACE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 7, 1999, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider and forward a recommendation to City Council for an amendment to the land use code regarding A City Outdoor Lighting Ordinance. Amendments to the following Municipal Code Sections will be considered at this public hearing: 26.575 SUPPLEMTARY REGULATIONS: OUTDOOR LIGHTING 26.104.100 DEFINIATIONS 26.304 COMMON DEVELOPMENT STANDARDS For further information, contact Stephanie Millar at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102. s/Robert Blaich Chair Aspen Planning and Zoning Commission Published in the Aspen Times August 21, 1999 City of Aspen Account Due August 17 G:/pl anning/aspen/notices/I.IGHTING8-99.doc • Memorandum To: Aspen City Council Thru: Amy Margerum, Aspen City Manager Julie Ann Woods, Community Development Director From: Stephanie Millar, Senior Long -Range Planner Date: October 25, 1999 Re: Lighting Ordinance Summary The City of Aspen has experienced an increase in the use of exterior illumination. City -residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. The draft Lighting Ordinance is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting and light trespass. Background The City Council of the City of Aspen requested that a lighting ordinance be drafted and considered as a code revision. Staff held a work session with the Planning and Zoning Commission on April 20, 1999 and identified the issues the Commissioners wished to see addressed. Staff was directed at that time to utilize Basalt's recently adopted ordinance as a model and to build upon that work to meet Aspen's needs. Referral Comments: The draft Lighting Ordinance was presented to the Development Review Committee at a meeting on August 11, 1999. All interested departments were invited to review the ordinance and comments were received from Engineering, Building, and the City Attorneys Office. At that time and during other meetings with Community Development staff, issues were identified related to the strength of foot-candles allowed, where foot-candles are measured from, exemption • 0 procedures, up -lighting, maximum spacing of fixtures and other such issues. The ordinance received several rounds of edits and reviews. In addition, following all internal City staff review, the draft ordinance was reviewed by Chris Myers, local lighting consultant and co-author of the Lighting Ordinance for the Town of Basalt. The resulting ordinance is attached, and would be located under Supplemental Regulations in the Land Use Code. Review Standards Please see attached Exhibit A. Planning and Zoning Commission Comments: The Planning and Zoning Commission passed a resolution with a vote of 5 to 0 in support of the proposed ordinance with the following changes. 1. Reduce the time period to come into compliance from 3 years to 1 year and add a timeframe in which to correct the problem; 2. Reduce the time period allowed for holiday lighting from March 1 to January 15; 3. Simplify the instrument of measurements if possible (lumens, foot-candles and watts); and 4. Make efforts to coordinate with the County for the Metro Area so that there is some consistency in zoning codes for outdoor lighting standards. Staff Recommendation: The Planning and Zoning Commission recommended reducing the time period for compliance with this ordinance. Staff feels that one-year may be too onerous a time period in which to expect existing lighting to comply, especially for residential users. It should be noted that all new lighting is expected to comply with the new ordinance, so no new non -conformities will be created. Staff therefore recommends that the three-year period for compliance be maintained. In addition, the Planning and Zoning Commission recommended curtailing the time period in which all holiday lights could be displayed. Staff recommends that decorative lighting of trees with white mini -bulbs be exempted, especially within the downtown area. Banning all holiday lighting after January 15 would require private businesses and the City to remove lights from the trees on the pedestrian mall and other areas heavily visited by pedestrians in the winter. Staff feels that this lighting adds a pleasant atmosphere to the downtown area on dark winter afternoons and has no ill effects on the community. Staff recommends that holiday lighting be allowed until March 1. Recommended Motion "I move to approve Ordinance Number 47, Series of 1999, on first reading. City Manager's Comments 0 • Exhibit A REVIEW STANDARDS Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A -I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and staffs evaluation of the potential amendment relative to them are provided below, with the standard in italics followed by the staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendment would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The proposed amendment would not be in conflict with any elements of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The proposed amendment does not impact land uses or zone districts per se, and the lighting limitations protect existing neighborhood character. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendment will not have any effect on traffic generation and will improve road safety by reducing night lighting glare. . E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The proposed code amendment is not anticipated to have an effect on infrastructure or infrastructure capacities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendment is not anticipated to have a negative effect on the natural environment. In fact, staff believes that by establishing a limit to lighting levels and related glare, there should be less visual impact on the surrounding natural environment and wildlife. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Staff believes that limiting the lighting levels in the City of Aspen will protect visibility of the night sky and maintain the small town feel of the community, two features highly valued by local residents. Lighting levels will still be adequate by national standards and it will not compromise community safety. 0 • H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: There has been no significant change in Aspen's general character. The concern that prompted this ordinance was a desire to protect the character of Aspen and the visibility of stars in the night sky. This is one of many land use code amendments staff will be bringing before the commission throughout the year. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. RESPONSE: Staff believes the proposed amendment would be in harmony with the public interest by ensuring the continued health, safety and welfare of Aspen residents and visitors while maintaining visibility of the night sky and protecting the small town community character. Supplemental Regulations 26.575.150 Outdoor Lighting A. Intent and Purpose. The City of Aspen has experienced a significant increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; C. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting. B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City of Aspen. Existing outdoor lighting shall be considered legal non -conforming lighting for one year from the adoption date of this ordinance. C. Definitions. (a) Fully Shielded Light: light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. (b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. (c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. (d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards. (e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). (f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. D. Lighting Plans. (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application, and building permit application for a commercial or multi -family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: (1) The location and height above grade of light fixtures; (2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; (3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light); (4) Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and (5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Article. (b) Single family and duplex building shall be in compliance with the standards of Section 26.575.090. E. Non -Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: (a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty-four (24) feet away in any direction. The light level shall not exceed 10 foot-candles as measured three feet above 0 • finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20 foot-candles. (b) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: • Fully shielded with a non-adjustable mounting; or • Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or • Building mounted lighting directed back at a sign or building fagade; or • Lighting on above grade decks or balconies which shall be fully shielded. (c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section. (d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of 175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp — 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. (e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than 75 ft. apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination of pole and wall mounted fixtures, minimum spacing shall be 75 ft. and a maximum of 150 ft. (f) Pole mounted fixtures shall be limited to two light sources per pole. (g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses. (h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. • (i) Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-ft. radius. 0) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. F. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: (a.) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: • Fully shielded with a non-adjustable mounting; or • Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or • Building mounted lighting directed back at a sign or building fagade; or • Lighting on above grade decks or balconies which shall be fully shielded. (b.) Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 50 watts. (c.) All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. (d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped area (as measured in a horizontal plane). (e) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Photo -cell or timer controlled flood lights shall be prohibited. 4. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to .1 of a foot candle as measured at the property line. 5. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. 6. No light fixture shall be greater than 12 feet in height. Exceptions are: (a.) Tree mounted fully shielded, downward directed lights using a light of 25 watts or less, and 0 • (b.) Building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less. (f) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (g) Light trespass at property lines should not exceed .1 of a foot-candle as measured at the brightest point. G. Street Lighting Standards. All new lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards: (a) Street Light fixtures shall be approved jointly by the Community Development and Electric Department Directors and shall comply with the guidelines of this ordinance. H. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Section, including those requirements pertaining to Zoning Officer review. l . Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare including but not limited to traffic control devices, existing street lights, and construction lighting. 3. 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 not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. An additional 14 day temporary exemption may be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type, use and purpose of outdoor lighting fixture(s) involved; C. Duration of time requested for exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp(s); f. Proposed location on premises of the outdoor light fixture(s); g. Previous temporary exemptions, if any; and, h. Physical size of outdoor light fixture(s) and type of shielding provided; i. Such other information as may be required by the Community Development Department Director. 4. Approved Historic Lighting Fixtures. Non -conforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed 50 watts. 5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, may be exempted from the fully -shielded requirement provided they do not exceed 50 watts. 6. If a proposed lighting plan or fixtures are proposed that do not meet this code but that have demonstrable community benefit, an exemption may be considered. The applicant shall submit additional information to adequately assess the community benefit for approval by the Community Development Director. I. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by building code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 7. Unshielded flood lights shall be prohibited. Lighting directed toward the Roaring Fork River or its tributaries. • 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or City government. 9. No beacon or search light shall be installed, illu ninated, or maintained. 10. Up -lighting is prohibited, except as otherwise provided for in this Section. I Nonconforming Lighting. Unless otherwise specified within this ordinance, within three (3) years of the effective date of this ordinance, all out door lighting fixtures that do not conform to requirements of this ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Violations shall be corrected within 60 days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a. A fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded, or c. Lighting on above -grade decks or balconies, which shall be fully shielded. 2. Foot Candles. Outdoor Non -Residential (26.575.070), Sign (26.575.080), and Residential (26.575.090) Lighting Standards shall not exceed the foot candles designated in their respective sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: a. A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non adjustable mounting. L. Procedures. Administrative Review Procedures Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, or special review application shall be reviewed by the Planning and Zoning Commission. Lighting plans submitted as a part of a building permit application for a commercial or multi -family structure shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. Appeals Any appeals related to decisions regarding outdoor lighting shall be made to the Board of Adjustment compliant with the procedures in the Appeals Section 26.316 of this Land Use Code. C:mydocs/I ighting/neword.doc