Ordinance No. 14 Series of 2012 RECITALS

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1 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BASALT, COLORADO, APPROVING AMENDMENTS TO CHAPTER 16, ZONING, REVISING THE EXTERIOR LIGHTING REGULATIONS IN THE TOWN OF BASALT Ordinance No. 14 Series of 2012 RECITALS 1. The Town of Basalt ( Town ) acting by and through its Town Council has the power to amend the Municipal Code of the Town of Basalt ( Town Code ) pursuant to state statutes, Section 1.3, Home Rule Charter, and Section 1-58, Town Code, and all such amendments shall become a part of the Town Code. 2. At a public hearing held on May 1, 2012, the Planning and Zoning Commission considered the proposed code amendments to Chapter 16 of the Town Code. At the public hearing, the Planning and Zoning Commission heard evidence and testimony as offered by the Town Staff and the public. The Planning and Zoning Commission recommended approval of code amendment language that would amend the Town s exterior lighting regulations. 3. At a public hearing on July 10, 2012, the Town Council continued the review through August 14, At the continued public hearing, the Town Council approved this Ordinance on first reading and scheduled a continued public hearing and second reading for this Ordinance for August 28, 2012, for a meeting beginning no earlier than 6:00 pm at the Basalt Town Hall, 101 Midland Avenue, Basalt, Colorado. 4. At a public hearing and second reading on August 28, 2012, the Town Council heard evidence and testimony as offered by the Town Staff and members of the public. 5. The Basalt Town Council finds, determines and concludes that it has a legitimate public purpose to protect the health, safety, welfare and quality of life for the citizens of the Town. 6. The Town Council finds and determines it is in the best interests of the Town to amend the Town Code as provided herein.

2 Town of Basalt, Colorado Ordinance No. 14, Series of 2012 Page 2 NOW, THEREFORE, BE IT ORDAINED by the Town Council of Basalt, Colorado, as follows: 1. Town Code Article XX of Chapter 16, Exterior Lighting is amended as shown in Exhibit A attached hereto. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance and the Town Council hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. This Ordinance shall be effective 14 days after final publication of the Ordinance in accordance with the Town Home Rule Charter. READ ON FIRST READING, ORDERED PUBLISHED AND SET FOR PUBLIC HEARING TO BE HELD ON August 28, 2012 by a vote of 5 to 0 on August 14, On July 10, 2012, the public hearing was continued through August 14, READ ON SECOND READING AND ADOPTED, by a vote of 7 to 0 on August 28, TOWN OF BASALT, COLORADO By: Jacque R. Whitsitt, Mayor ATTEST: Pamela K. Schilling, Town Clerk First Publication: Thursday, August 23, 2012 Final Publication: Thursday, September 6, 2012 Effective Date: Thursday, September 20, 2012

3 Exhibit A Strikethrough text is proposed to be deleted and underlined text is proposed to be added. Sec Purpose. ARTICLE XX Exterior Lighting The Town is experienced ing a significant expansion in population and construction, resulting in increased use of exterior illumination on an urban scale. This Article is intended to help maintain the health, safety and welfare of the residents of the Town through regulation of exterior lighting as reflected by the following goals: (1) Promote safety and security; (2) Help preserve the small town character; (3) Eliminate the escalation of nighttime light pollution; (4) Reduce glaring and offensive light sources; (5) Provide clear guidance to builders and developers; (6) Encourage the use of improved technologies for lighting; and (7) Conserve energy. (Ord. 29 2, 1998) Sec Definitions. As used in this Article, the following terms shall have the meanings indicated: Color Rendering Index (CRI) is a quantitative measure of the ability of a light source to reproduce the colors of various objects faithfully in comparison with an ideal or natural light source. Correlated Color Temperature (CCT) The color temperature of a light source is determined by comparing its chromaticity with that of an ideal black-body radiator. The temperature (usually measured in kelvin (K)) at which the heated black-body radiator matches the color of the light source is that source's color temperature. Yellow-red colors are considered warm, and bluegreen colors are considered cool. Fixture height means the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. Fluorescent lamp or fluorescent tube: is a gas-discharge lamp that uses electricity to excite mercury vapor. The excited mercury atoms produce short-wave ultraviolet light that then causes a phosphor to fluoresce, producing visible light. 1

4 Foot-candles means the illuminance on a one square-foot surface of which there is a uniformly distributed flux of one lumena unit of illumination of a surface that is equal to one (1) lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of three (3) feet above finished grade. Fully shielded light means 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. Glare: Excessive contrast or intense and/or blinding light which creates visual discomfort or disability. High intensity discharge light source (HID) means 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. An Incandescent and/or halogen light source is the emission of light (visible electromagnetic radiation) from a hot body due to its temperature. Incandescence occurs in incandescent light bulbs, because the filament resists the flow of electrons. This resistance heats the filament to a temperature where part of the radiation falls in the visible spectrum. Landscape Lighting: Luminaires mounted in or at grade but not more than three (3) feet above grade and used solely for landscape rather than area lighting. A light-emitting diode (LED) is a semiconductor diode that emits light when an electric current is applied in the forward direction of the device, as in the simple LED circuit. The effect is a form of electroluminescence where incoherent and narrow-spectrum light is emitted. Light fixture is an electrical device used to create artificial light or illumination. A luminaire is a lighting fixture complete with the light source or lamp, the reflector for directing the light, an aperture (with or without a lens), the outer shell or housing for lamp alignment and protection, an electrical ballast, if required, and connection to a power source. Light trespass means the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. means light escaping the boundaries of the property in excess of.2 footcandles. Lumen is the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire. Technically, if a light source emits one candela of luminous intensity uniformly across a solid angle of one steradian, its total luminous flux emitted into that angle is one lumen. Alternatively, an isotropic one-candela light source emits a total luminous flux of exactly 4π lumens. Luminaire: A complete lighting unit consisting of one or more electric lamps, the lampholder(s), any reflector or lens, ballast or transformer, and any other components and accessories. 2

5 Point light source means the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). (Ord. 29 2, 1998) Sec 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 multifamily 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 total lumens luminous intensity of each light source; (3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light); (4) Calculated estimates for site illumination resulting from the lighting, measured in footcandles; 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 Building Official. Said information may be required in the form of a lighting plan consistent with Section (a)(1). (Ord. 29 2, 1998) Sec Street lighting and lighting for common areas. All lighting illuminating public right-of-ways, and easements or private streets, and public or private walkways shall conform with the following standards: (1) All light fixtures must be fully shielded and use a full cut-off fixture to minimize light spill towards the private property. (2) Maximum fixture height shall be sixteen (16) feet. Exemptions up to a maximum of twenty-five (25) feet may be granted for street lights located at opposing corners of intersections. (3) A minimum of one hundred (100) feet 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. (4) Fixture types shall be selected from a list of Town-approved designs. Said list will be approved by the Town Council. Property owners and developers may petition the Council for inclusion of new designs. (Ord. 29 2, 1998; Ord. 33 B1, 2003) (5) Walkways/Bikeways and Pedestrian areas to be used in common areas and public areas that are not lit by streetlights: These areas shall be illuminated with low level bollards 3

6 unless waived by the Town Planner. Average light level for these areas shall be measured at finished grade shall average at most 0.5 foot-candles. Lighting shall be directed downward, be pedestrian-friendly, and fully shielded. Light sources shall be no more than 800 lumens, regardless of type. Sec Nonresidential lighting standards. The following lighting standards shall be applicable to all nonresidential properties including mixed uses: (1) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas or buildings shall be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. The light level shall not exceed fifteen (15) an average of one (1) foot-candles as measured three (3) feet above at finished grade. Lighting for pedestrian entrances, stairways, and loading docks shall not exceed five (5) foot-candles. Exemptions may be requested where the applicant can demonstrate that the intent of this Article is satisfied with alternate lighting fixtures or standards. Lighting Power Densities for Building Exteriors shall also comply with International Energy Conservation Code (IECC) requirements in affect. (2) Outdoor lighting shall be ten (10) feet or less in height unless it is: a. Fully shielded with a nonadjustable mounting; b. Lighting for parking and vehicle circulation areas in which case heights up to a maximum of twenty-eight (28) feet may be allowed; c. Building-mounted lighting directed back at a sign or building façade; or d. Lighting on above-grade decks or balconies which shall be fully shielded. (3) 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. (4) HID light sources are allowed with a maximum 9,000 initial lumens wattage of two hundred fifty (250) high pressure sodium (HPS) and two-hundred-fifty-watt metal halide. Ceramic Metal Halide lamps with a Correlated Color Temperature (CCT) of 3,000 K (Kelvin) and Color rendering Index (CRI) of 80 or higher are preferred. Standards for other HID light sources may be established by the Town for new technology consistent with the above restrictions. (5) Pole-mounted fixture spacing for security and parking lot light fixtures shall be no less than seventy-five (75) feet unless approved pursuant to the exemption process established in Section (4). Fully shielded decorative fixtures are allowed to maintain a fifty-foot fixture spacing. Wall-mounted fixture spacing for security lighting shall be no less than fifty (50) feet 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 4

7 fully shielded shall maintain a minimum spacing of twenty-five (25) feet. Where security lighting is a combination of lamp posts and wall fixtures, minimum spacing shall be seventyfive (75) feet. (6) Pole-mounted fixtures shall be limited to two (2) light sources per pole. Decorative fixtures may be exempted from this requirement up to a maximum of three (3) light sources per pole. (7) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than fifty percent (50%) residential based on square footage of uses. (8) 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 (1) fixture per one hundred fifty (150) square feet of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of thirty-five (35) watts twenty-six (26) watts for incandescent or halogen sources, or 500 lumens per luminaire for fluorescent or HID sources. (9) Up-lighting of flags is permitted with a limit of two (2) fixtures per flag pole with a maximum of one hundred fifty (150) watts each. (Ord. 29 2, 1998; Ord. 2 2, 3, 2001) (10) Parking Lot lighting shall have an average light level of one (1) foot-candle, measured at finished grade, with a maximum of five (5) foot-candles measured directly under the light fixture. (11) Gas Stations: Gas Station Canopies shall be lit in accordance with Illuminating Engineering Society of North America (IESNA) RP Light levels under canopies at pump islands shall average ten (10) foot-candles or less with a maximum of fifteen (15) footcandles. Light fixtures under canopies shall be fully shielded with flat lenses. Indirect lighting may be used under canopies where light is reflected down from the bottom of the canopy. In this application, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. Lights shall not be mounted on the top or sides of the canopy. The sides of the canopy (fascia) may be illuminated only in compliance with signage regulations. Gas Station Aprons used for parking, vehicle storage, or similar uses, shall be lit in accordance with the requirements for parking areas. (12) Light Trespass: In order to minimize light trespass onto neighboring properties, the maximum light level at a property line shall not exceed.2 footcandles (FC). Light trespass shall be measured horizontally (meter photocell pointed vertically) at finished grade at the property line and vertically (meter photocell pointed horizontally) towards the property at 48 above finished grade with readings taken every ten (10) feet along the property line. (13) Bus Stops and other public facilities requiring a minimum amount of light for life and safety purposes shall abide by the maximum lighting requirements established herein and shall have lighting with a minimum average of 1 footcandle as measured at finished grade around the perimeter of the facility. Sec Sign lighting. 5

8 In addition to the provisions of Section , the following provisions shall further regulate lighting of signs: (1) Sign illumination shall not exceed seventy-five (75) ten (10) foot-candles as measured at the brightest point on the sign face. (2) Signs in residential neighborhoods and zone districts shall be illuminated only by lighting which conforms with the residential lighting standards. (3) Illuminated signs equal to or larger than twenty (20) square feet in size shall be turned off no later than 11:00 p.m. or one-half (½) hour after the use to which it is appurtenant is closed, whichever is later. (Ord. 29 2, 1998) (4) Externally Illuminated Signs: Lighting fixtures shall be carefully located, oriented, and shielded so that light is directed only on the sign face. Down directed lighting for signs is required. (5) Internally Illuminated Signs: signs shall be designed with a dark or opaque background and illuminated lettering. Total lumens shall not exceed 6400 per sign. Backlit or silhouetted lettering or logos against building facades shall be permitted only if the light source is not visible to passersby. Sec Residential lighting standards. The following lighting standards shall be applicable to residential properties: (1) Outdoor lighting shall be ten (10) feet or less in height. (2) Lighting on above-grade decks or balconies shall be fully shielded. (3) Outdoor lighting with HID light sources in excess of thirty-five (35) watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed one hundred (100) watts. Outdoor lighting shall be limited per lamp to twenty-six (26) watt incandescent or halogen or 500 lumens per luminaire for HID or fluorescent. (4) 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. (5) Landscape lighting is limited to fifty (50) twenty-six (26) watt incandescent or halogen or 500 lumens per luminaire for HID or florescent sources. per fixture per one hundred fifty (150) square feet. (6) Flood lights and security lights shall be restricted as follows: a. The point light source shall not be visible from adjoining lots or streets. b. Photo-cell or timer-controlled lights shall be prohibited. c. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that prevents light trespass. 6

9 d. Light intensity shall not exceed ten (10) an average of one (1) foot-candles measured three (3) feet above at finished grade. (7) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines. (8) 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 (1) fixture per one hundred fifty (150) square feet of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of thirty-five (35) twenty-six (26) watts for incandescent or halogen sources, or 500 lumens for fluorescent of HID sources. (Ord. 29 2, 1998) (9) Light Trespass: In order to minimize light trespass onto neighboring properties, the maximum light level at a property line shall not exceed.2 footcandles (FC). Light trespass shall be measured horizontally (meter photocell pointed upwards) at finished grade at the property line and vertically (meter photocell pointed perpendicular to horizontal) towards the property at 48 above finished grade with readings taken every ten (10) feet along the property line. Sec Exemptions. Exemptions from the lighting regulations of this Article may be granted subject to the following procedures. Exemptions may be granted for the following types of lighting in addition to conditions allowing for exemptions contained in Sections through : (1) Winter holiday lighting which is of a temporary nature and which is illuminated only between November 1 and April 15 of each year. Other holiday lighting temporary in nature may request exemption from the Town. (2) 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) Lighting for outdoor recreational facilities, subject to submittal of a detailed lighting plan. Conditions applicable to any such exemptions may include limited hours of operation, limits on lighting intensity and specific requirements for fixture design. (4) Exemption requests shall be formalized by submittal of a lighting plan and exemption request letter to the Planning Department. The request will be considered and may be granted by the Technical Review Committee (TRC). For more complex or significant reviews, the TRC may refer the request to the Town Council for action, or an applicant may appeal a decision of the TRC to the Town Council. Exemptions shall be reviewed in accordance with the following standards and procedures: a. Compliance with the purpose and intent of this Article. b. Submittal of a complete lighting plan in accordance with this Article. c. Review by the Town may include recommendations by a professional lighting consultant selected by the Town, funded by the applicant. 7

10 d. Any special conditions, circumstances or hardships that warrant the exemption and/or appropriate conditions of approval. (5) The lighting code exemption procedures shall also be utilized in regard to any interpretation or clarification of the lighting code necessary or requested by an applicant. (Ord. 29 2, 1998; Ord. 33 B1, 2003) (6) Exit signs and other illumination required by building codes. Sec Prohibited lights. (a) Light sources shall not be affixed to the top of a roof, except where required by building code requirements. (b) Flood illumination of buildings shall be prohibited from ground or pole-mounted lights or lights mounted on adjoining structures. (c) Lights which flash, move, revolve, scintillate, blink, flicker, vary in intensity, change color or use intermittent electrical pulsation are prohibited unless specifically approved as part of a lighting code exemption. (d) Mercury vapor and low pressure sodium lighting shall be prohibited. (e) Linear lighting (including neon, fluorescent, rope-lighting and low voltage strip-lighting) primarily intended as an architectural highlight to attract attention or used as means of identification or advertisement shall be prohibited, except for use in signs in the C-2 Zone District if permitted through the site plan review process. (Ord. 29 2, 1998) (f) LED Lights for display of prices. Sec Enforcement and nonconforming lighting. (a) Nonconforming lighting. (1) As of the effective date of the ordinance codified herein, all outdoor lighting that does not conform to every requirement of this Article shall be legal pre-existing nonconforming lighting. Legal Pre-existing nonconforming lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconforming lighting without conforming to all applicable requirements of this Chapter. (2) At such time as a building permit application for a major remodel or new structure is submitted to the Town, or any type of rezoning, subdivision or site plan development application is filed with the Town, all lighting on the site or building shall be required to conform with all applicable requirements of this Article unless an exemption request is filed. (b) Enforcement. 8

11 (1) Any building permit submittal or development review application to the Town shall include a lighting plan, sufficient in detail to demonstrate compliance with all applicable requirements of this Article. The Town may require completion of a lighting plan by a designer or architect with professional training in lighting design. (2) The Town shall enforce the provisions of this Article in accordance with Sections of this Code. In the case of repetitive zoning enforcement for repeat offenses, the Town may impose the special inspection fees consistent with Section (b)(2)c and d. (3) A final certificate of occupancy shall not be issued until such time as a nighttime inspection of the property is conducted to verify compliance with this Chapter. (4) Residential Compliance: Residential fixtures in place as of August 28, 2012 shall be brought into compliance with the code upon receiving notice from the Town s Building Official. Upon receipt of notice from the Town s Building Official, the property owner shall have 30 days from the notice to bring a non-complying fixture into compliance. (5) Commercial Compliance: Anytime after July 1, 2014, commercial and industrial fixtures in place as of August 28, 2012 shall be brought into compliance with the code. After July 1, 2014, the property owner shall have 30 days from the notice to bring a noncomplying fixture into compliance. All newly installed lighting fixtures shall comply with the code. Section Automatic Teller Machines: ATM lighting shall have an average of 10 foot-candles at the face of the machine and extending in an unobstructed direction outward five (5) feet, and an average of two (2) foot-candles within twenty-five (25) feet from any unobstructed direction from the face of the machine, except when such dimensions are off the property of the ATM owner. Secs Reserved. Section Sign Lighting. Lighting for commercial signage is addressed in Section , Sign Lighting, and Section , Prohibited Signs. 9

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