5B - Outdoor lighting regulationCITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: May 15, 2003
(Agenda Item Preparation Date: May 9, 2003)
AGENDA TITLE:
Continuation of the Apri13, 2003 Planning Board hearing regazding revisions to the outdoor
lighting regulations of Section 9-3.3-17, B.R.C. 1981, which were previously considered, and
recommended for approval, by the Planning Boazd on August 15, 2002.
Public comment will be taken on those changes recommended by the Planning Board at the
April 3, 2003 hearing. The changes include; Shortening the amortization from 15 to eight yeus;
requiring the removal of existing unshielded mercury vapor fixtures in all zoning districts; and
making several wording changes to the "Architectural Lighting of Building Facades" section
of the proposed ordinance.
REQUESTING DEPARTMENT:
Peter Pollock, Planning Director
Bob Cole, Land Use Review Manager
Gary Kretschmer, Senior Planner
OVERVIEW:
At the Apri13, 2003 public hearing, the Planning Boud recommended several modifications
to the proposad outdoor lighting regulations. The most significant modification was to reduce
the proposed amortization period from 15 years to eight yeazs. The Board also recommended
the inclusion of a provision that allows property owners, who had not fully depreciated the
fixtures within the eight-year period, the ability to request a variance for a longer
amortization period. The Board asked staff to evaluate the impacts of this change and return
with its findings.
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AMORITIZATION:
When the outdoor lighting ordinance was originally submitted to Planning Board an amortiz. :ion
provision was not included. The Board determined that without the ability to phase out noncom-~' tt
lighting, the benefits of the proposed ordinance would be diminished. The Boazd directed st.: ~
create an amortization provision. Staff returned with a proposed amortization process which pit:::, ~d
out all non-compliant lighting within 15 yeazs of the approval of the ordinance. The fifteen-; oar
period was selected as it was consistent with IRS depreciation schedules for site improvements.
The Boulder business community expressed concerns about the restrictiveness of the original
provision, including the length of the proposed period. Staff responded with modifications referred
to as "substantial compliance" standards. These standazds and related modifications allow existing
lighting systems that are within a ranc~e of specifications to remain unchanged.
At the Apri13, 2003 meeting the Boazd requested that Section (b)(5) of the ordinance be changed
to read as follows "Amortization: All exteriar lighting fixtures which do not conform to the
following standards shall be brought into conformance no later than eieht years from the date of
adoption of this ordinance with the City Manager being able to grant an exception for an applicant
who has not fully depreciated the fixtures within the eight-yeaz period".
Cost of Com~ance & Impacts of Amortization
The city is concerned about the economic impacts of the amortization provision in light of the
current and future budget constraints. The Facilities and Asset Management Division (FAM), which
is responsible for the maintenance of city-owned properties, recently completed a preliminary study
of the impacts of the ordinance on 83 separate properties. The reason for the study was twofold:
First, to determine the cost impacts of the ordinance to the city so costs could be accommodated in
future maintenance budgets; and, second, to provide cost examples that could be used by the
business community to assist in the evaluation of the cost impacts on private properties.
FAM estimates the cost to bring city properties, including recreation centers (but not including
outdoor recreation facilities such as ballparks, tennis courts, etc.) into compliance to be
approximately $471,000. If this cost were spread over the recommended 15-yeaz period, the yearly
costs would be approximately $31,400. Over the eight-year period recommended by Planning Boazd
the cost would be $58,875. The cost of pazks improvements, such as Mapleton hall field
improvements where costs alone could range &om $200,000 to $300,000, will increase these yearly
estimates by a significant amount. It should be noted that Mapleton ball fields does not comply with
the current light trespass ordinance, and the new ordinance is not totally responsible for the initiltion
of the improvements.
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The FAM evaluation provided the following information:
• The majority of lights on city facilities that need to be replaced or retrofitted are existing wall
mounted light fixtures which do not comply with the shielding requirements of the existin
outdoor lighting ordinance.
. Cost estimates for city properties range from a low of $25 to a high of $44,400 (the
Downtown Mall).
• Fifteen of the 83 properties surveyed require improvements in excess of $10,000 per property
and account for $338,000 (72%) of the $471,000 overall cost estimate.
• Approximately $ 75,000 of the total cost estimate includes replacement of Excel Energy
provided ]ights. These lights, which aze similar to street lights, are located in several parking
lots used by CAGID, the South Boulder Recreation Center, and several other locations. It is
possible that a reduced replacement cost could be negotiated with Excel or possibly at no
cost to the city if it can be included in future franchise agreement negotiations.
To assist the business community, a city-owned property with traits similar to typical commercial
and office buildings was selected from FAM's study for cost comparison purposes. The building
selected is known as the Atrium. It is located at the southeast corner of 13`h Street and Canyon Blvd.
The Atrium was a commercial bank before it was acquired by the city. It is currently used far offices
and includes an on-site parking lot for approximately 20 vehicles. To comply with the proposed
ordinance, FAM determined that two wall mounted lights would haue to be replaced and two wall
mounted fixtures would be removed. Six lights would haue to be retrofitted with shielding, and three
parking lot fixtures on existing poles would hava to be replaced. FAM's cost estimate for compliance
is $6,600.
Summarv
The budget outlook for the next several yeazs has very limited, if any, unallocated funds that could
be used for outdoor lighting compliance. If lighting compliance has to be delayed until funds become
available, the cost per year would increase significantly during the remaining time period. Based on
the city's cost estimates and the current economic climate, the suggested eight-year period would
result in significant economic impacts to the city and to private property owners who are facing
similar impacts.
OTHER MODIFICATIONS TO THE ORDINANCE:
In addition to shortening of the amortization period, the Board also requested the following
additional modifications:
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Amend sections:
•(a)(4) to read "Provide an environmentally sensitive nighttime environment that includes the
ability to view the Milky Way."
•(b)(3) to read "Replacement of Unshielded Mercury Vapor Light Fixtures. Existing
unshielded mercury vapor light fixtures shall be removed or replaced with a light fixture that
meets the requirement of this section by May 1, 2005."
•(d)(4)(A) to read "Upward aimed building fagade lighting shall not exceed 900 lumens. All
upward aimed light shall be fully shielded, be mounted as flush to the wall as possible and
be fully confined from projecting into the sky by eaves, roofs or overhangs."
•(d)(4)(C) to read "The source of the light shall not be visible anywhere except on the surface
of the wall being illuminated."
The requested modifications have been incorporated as requested. Staff has also made several minor
wording changes which are intended to improve clarity of the ordinance. Some organizational
changes suggested by Board member, Macon Cowles, have been made. These are non-substantive
changes which improve the readability and organization of the ordinance. Mr. Cowles also suggested
several other changes (see Attachment B). Because these changes may be considered substantive,
direction from the Planning Board is needed.
All changes to the ordinance have been highlighted for ease of identification and ue reflected in
Attac6ment A, the revised Outdoor Lighting Ordinance.
REOUESTED PLANNING BOARD ACTION:
Staff recommends that Planning Board recommend approval of the revised ordinance to City Council
and recommends that the Board retain the originally recommended 15-yeaz amortization period;
finding that a shorter period may result in economic hardship for both the city and private property
owners.
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AGENDA ITEM # SB. Paee 4
Approved By:
ATTACHMENTS:
Attachment A
Attachment B
Attachment C
Outdoor Lighting Ordinance
Recommended Modifications
Correspondence Received
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ATTACHMENT A
ORDINANCE NO.
AN ORDTNANCE AMENDING TITLE 9, "LAND USE
REGULATION," B.R.C. 1981, BY REPEALING AND
REENACTING THE CITY'S ILLUMINATION STANDARDS,
WHICH INCLUDES DIFFERENT LIGHTING STANDARDS FOR
LAND DEVELOPMENT; STANDARDS RELATED TO THE
TIME OF IVIGHT THAT OUTDOOR LIGHTING MAY BE USED;
AND AN AMORTIZATION PROGRAM FOR LIGHTING THAT
DOES NOT MEET THE NEW ILLUMINATION STANDARDS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 9-1-3, B.R.C. 1981, is amended by the addition of the following
definitions, to read:
"Control" means a fully automatic device, which can tum on, off, or dim lights at predetermined
times. A control includes, without limitation, an astronomical time clock, photocell, motion detector,
and dimmer.
"Footcandle (fc)" means a unit of illuminance equivalent to one lumen per square foot.
"Full cutoff light fixture" means a light fixture with a light distribution pattern that results in no light
being projected at or above a horizontal plane located at the bottom of the fixture.
"Fully shielded light fixture" means a light fixture that provides internal or external shields or
louvers that prevents light being emitted by the fixture from causing glare or light trespass impacts.
"Fully shielded from view" means that the light emitted by a light fixture is not visible from adjacent
streets and properties.
"Glare" means the sensation produced by light within the visual field that is sufficiently greater than
the light to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance
or visibility.
"Illuminance" means the amount of light that falls on a surFace measured in footcandles.
"IESNA" means the Illuminating Engineering Society of North America.
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"Light bulb" means the component ofthe light fixture that produces the actua] light. A bulb includes,
without limitation, a lamp or tube.
"Light fixture" or "luminaire" means the complete lighting unit consisting of one or more of the
following: the lamp, ballast, housing, and the parts designed to distribute the light, to position and
protect the lamps, and to connect the lamp to the power supply. Light fixtures also include any
electric sign as defined in Section 10-11-2, "Definitions," B.R.C. 1981.
"Light pollution" means any light that is emitted into the atmosphere, either directly or indirectly by
reflection against any exterior surface, including, without limitation the ground, buildings, cars,
glass, or windshields, that alters the appeazance of the night sky, interferes with astronomical
observation, or interferes with the natural functioning of vegetation or wildlife.
"Light trespass" means light projected onto a property from a light source located on a different
property.
"Lumen" is a measure of light energy generated by a light source. The lumen rating of a light bulb
or lamp is provided by the bulb manufacturer.
"Maximum allowable ]ight level" is the maximum initial horizontal illuminance for exterior areas
measured at one hundred hours of operation, in footcandles at grade level, anywhere within the
property including areas under canopies, balconies or other non-enclosed orpartially enclosed ueas.
"Maximum lumen rating" means the maximum initial light output measured in lumens as established
by the lamp manufacturer. If a light fixture has multiple lamps, this rating refers to the combined
total lumens of all lamps within the fixture.
"String of lights" means a series of lights attached to a wire, race, or inserted in transparent tubing
in such a way that it can be moved about or hung in various ways, and whose bulbs are not light
fixtures permanently attached to a building or other structure.
"Uniformity ratio" means the ratio beriveen the maximum and the minimum light level within a
specific use area such as a parking lot.
"White light source" means a spectrum of light produced by, but not limited to, incandescent,
halogen, metal halide, induction, and fluorescent lamps having a color temperature between 2,650
and 4,000 degrees Kelvin and a minimum Color Rendering Index (CRI) of 65.
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Section 2. Section 9-3.3-17, B.R.C. 1981, is repealed and reenacted to read:
93.3-17 Outdoor Lighting.
(a) Purpose: The purposes of the outdoor lighting standards are to:
(1) Provide adequate lighting for safety and security;
(2) Promote efficient and cost effective lighting and to conserve energy;
(3) Reduce light pollution, light trespass, glaze, and offensive light sources;
(4) Provide an environmentally sensitive nighttime environment that includes the ability
to yiew the stars against a dark sky sa. t~a~,pei~ple G~'see the Nlilky Way;C'iala~ty
(5) Prevent inappropriate, poorly designed or installed outdoor lighting;
(6) Encourage quality lighting design; light fixture shielding, establish maximum
uniformity ratios and establish ma~timum lighting levels within and on property lines;
and
~~)
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~~)
~~)
Establish an amortization program to remove or replace light fixtures that exceed the
requirements permitted by this section.
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(~)
(irc) Scoroe: This section shall apply to all exterior lighting including illumination from outdoor
signs that impact the outdoor environment. No person shall install any light fixture unless
such fixture meets the requirements of this section.
(1) Conformance at the Time of Buildin~ Permit Annlication: Compliance with the
requirements of this chapter shall be required for all new development. The
following outdoor lighting improvements shall be installed prior to a final inspection
for any building permit for any redevelopment which exceeds the following
thresholds:
(A) When development or redevelopment, exceeds twenty-five percent of the
Boulder County Assessor's actual value of the existing structure then all
existing unshielded exterior light fixtures shall be retrofitted with shielding
to prevent light trespass.
(B) When development or redevelopment exceeds fifty percent of the Boulder
County Assessor's actual value of the existing structure then:
(i) All exterior lighting, except existing parking lot lighting, shall be
brought into conformance with the requirements of this section: and
(ii) All existing parking lot light fixtures shall be retrofitted with
shielding to prevent light trespass.
(C) When development or redevelopment exceeds seventy five percent of the
Boulder County Assessor's actual value of the existing shucture then all
exterior lighting fixtures shall be brought into full conformance with the
requirements of this section.
(2) Replacement of Fixtures: If an existing light fixture is removed, it shall only be
replaced with a conforming light fixture.
(d) Design Standards: No person shall install or maintain any exterior lighting that fails to meet
the requirements of this section:
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(1) Maximum Lightm,gLevels at PropertkLine The maximum lighting level at anypoint
on a property line shall not exceed 0.1 footcandles within or adjacent to a residential
zone or 0.2 footcandles in non-residential zones except as follows:
(A) The light emitted by light fixtures mounted on a structure built within five
feet of a public street right-of-way or sidewalk, shall not exceed the
maximum allowable light levels for "pedestrian areas" specified in subsection
(e) for the underlying zoning district or use. The maximum allowable lightirig
level shall include any existing or proposed street or pedestrian lighting
located within the right ofway. In no case shall the maximum allowable light
level within the right-of-way, excluding street lights, exceed 0.2 fc when
measured at the curb line.
(B) In non-residential zoning districts, unless a variance has been granted, light
levels exceeding 0.2 fc at the property line may be approved by the city
manager upon finding that the increased lightirrg levels will not adversely
affect an adjacent property owner. Evidence that the lighting will not
adversely affect an adjacent property owner may include without limitation
a statement from such property owner that it will not be adversely affected by
the incre.ased light levels. The maximum allowable lighting levels specified
in subsection (e) shall not be exceeded when measured on the property line.
(2) White Lieht Source Required: White light sources that include, without limitation,
metal halide, fluorescent, or induction lamps, but excluding incandescent and
halogen lamps, shall be required for any light fixture which exceeds 24001umens that
is within a parking lot, vehicular circulation, or pedestrian use area.
(3) Use of Hieh Pressure Sodium Lamns: Full cut-off high pressure sodium lamps, not
exceeding a maximum lumen rating of 16,000 lumens, may be used in outdoor
storage areas and other similar use azeas not accessible to the general public and the
need for good color rendering capabilities for safety and security is not necessary.
(4) Architectural Li~htine of Buildin~Facades: The lighting of a building facade for
architectural, aesthetic, or decorative purposes is permitted subject to the following
restrictions:
(A) Upward aimed building fapade lighting shall not exceed 900 lumens. All
upward aimed light shall befiilly shielded; fully confined from proj ecting into
the sky by eaves, roofs or overhangs, and; motqited as;;flusll to a wa1l=;as
possihle;
(B) Building facade lip,hting exceeding 9001umens shall be fulfy shielded, aimed
downward, and sitis}k-bc~mounted as flush to a wall as possible.
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(C) ~Buiidizlg faca$e_`lighting shall be fully contained within the vertical
surface of the wall being illuminated.
(D) Building facade lighting that is measurable at the ground level shall be
included in the maximum allowable light levels.
(5) Unshielded Lightin¢ Activated by a Motion Sensor: Unshielded lighting that emits
more than 9001umens but less than or equal to12001umens is permitted provided
that it is activated by a motion sensor and provided it is aimed and located in such a
manner as to prevent glare and light ~respass. The light shall only go on when
activated and go off within five minutes of activation. Motion sensor activated
lighting shall not be triggered by any movement or activity located off the property
on which the light is located.
(6) Sims: All exterior signs shall be required to meet the standazds for this section. In
addition, all exterior signs are also subject to the requirements set forth in Chapter
10-11, "Signs on Private Property," B.R.C. 1981.
~~)
Public Right-of-Wa~: Any light fixture located within ten feet of a property line,
of a residential zoning dishict, an existing residential use, or within ten feet of a
public right-of-way, except as perxnitted in subsection (d)(1)(A) shall be:
(A) Aimed away from the property line, residential zone, residential use, and/or
right-of-way;
(B) Classified as a IESNA Type III or Type N light fixture; and
(C) Shielded on the side closest to the property line, residential zone, residential
use, or public right-of-way.
(8) Canopy Li ting: Lighting fixtures mounted under canopies used for vehiculaz
shelter shall be aimed downwazd and installed such that the bottom of the light
fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom
surface of the canopy. A full cut off light fixture may project below the underside of
a canopy. All light emitted by an under-canopy fixture shall be substantially confined
to the ground surface directly beneath the perimeter of the canopy. No lighting,
except that permitted by the sign ordinance, shall be permitted on the top or sides of
a canopy.
(9) Fla Poles: A flagpole meeting the requirements of Chapter 10-11, "Signs on Public
Property," B.R.C. 1981, may be illuminated by one upwazd aimed fully shielded
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spotlight light fixture which shall not exceed 35001umens. The light fixture shall be
placed as close to the base of the flagpole as reasonably possible.
(10) Strings of Liehts: No person shall use a string of lights on property with non-
residential uses except as follows:
(A) Strings of lights may only be used if they aze approved by the city manager
as part of an outdoor lighting plan or landscape plan. The plan must comply
with all of the standards of this subsection. The puLpose of such lighting is
intended to create pleasing pedestrian spaces, such as an outdoor dining or
patio areas, utilizing low lighting levels.
(B) Strings of lights permitted under this subsection shall be displayed in
compliance with the following standards:
(i) The string of lights contains only low wattage bulbs that are not
greater than 50 lumens per bulb (equivalent to a seven watt C7
incandescent bulb);
(ii) The string of lights shall be located within a pedestrian way, plaza,
patio, outdoor dining area, or the primary entry into a building;
(iii) The string of lights is not placed in any required landscape setback
adjacent a street;
(iv) The string of lights shall be displayed on a building, wall, fence, trees,
and shrubs; and
(v) The string of lights shall not suspend horizontally between any
buildings, walls, fences, trees, or shrubs (for the purposes of this
paragraph, "horizontall}~' means any portion of the suspended string
which dips less than foriy-five degrees below the horizontal).
(11) Parkin~ I,ot Li l~its and Trees: Pazking lot light fixtures and poles shall be located
such that trees located within the pazking lot do not obscure the operation of the light
fixture.
(12) Full Cut Off Fixtures: Full cut off fixtures shall be installed in a horizontal position
as designed.
(e) Maacimum Lightitt~ Standards: No person shall operate any device which makes light in
excess of the levels specified in this section. Light from any fixture shall not exceed any of
the limits for the applicable zoning district or use classification in Tables "A" and "B." In
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Agenda Item #_~ Page # ~,~
the event an applicant utilizes lightmg levels at the highest level permitted for a specific use
area, such lighting shall be substantially confined to that particular use area.
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Table A
Zonin~ District Requirements
Residentfal Zoning Districts Commerc{el, Of(ice, and Public Zoning District
(not including public uses) Industriel Zaning Disirfcts and Public Uses In
ResldenNal Zones
Maximum allowable Ilght levels
(measured in footcandles)
5.0 at building enMes 5.0 at building enMes 5.0 at building entries
3.0 in parking areas 5.0 in parking areas 5.0 in parking lots
3.0 along pedestrian 3.0 along pedestrian walkways 3.0 along pedestrian
walkways walkways
2.0 in common oprn space 2.0 in outdoor storage areas ~
areas (max. uniFormity ratio
requirements are not applicable) ~
Maximum Oniformfty Ra[io (max. n/a lOd (except as no[ed above) 10:1 ,
to min.)
Maximnm lumen rating for a full 8,500 • parking areas of six or 14,000 14,000
cutoff luminaire shielded fram more spaces
view of adjacent streets and
properties 4,000 - walkway lights and 23,500 on 35 foot pole when
common areas pertnitted
1,800 stairways and 16,000 for High Pressure Sodium
entryways when permitted
Maximuminmenrafingforan 900 1,250 1,250
IESNA cutoff or semi cuboff
fixtare
Maximum lumen ra[ing for an 900 900 9~~
unshicided IigM1t fixture
Con[rols Motion sensors required Cor Recommended aRer close of Recommended aRer close
all unshielded fixtures in business of business
excess of 9001umens
Maximum allowable polc height 20 feet in parking IoLS 25 feet in parking lots 20 feet in parking lots
within or adjacent to
(includes base, pole and Iuminaire) residential zones, otherwise
25 foot maximum
15 feet in ati other areas 35 feet for contiguous parking
IoGS of 5 or more acres in size
20 feet in all other areas
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Table B
Snecial Use Reauirements
Parking Struct~res and Privete Recreatfon Public RecreeNon Use Scrvice SteHons,
Covered Parking Below Use ~ Automobilc Dealerships,
a Building Drive-Up Windows
Maxlmum aliowable Iight 5.0 wi[hin structure and The lesser of 30 fc or The IESNA recommended 5.0 in building entnes and
levels in shucture and the IESNA standards for the specific drive-up windows
pedestrian entries recommended standards sports venue
(measured in footcandles) for the specific sports
venue
5.0 for uncovered upper 5.0 in parking lots 5.0 in parking lot 20.0 under service station
levels canopies
SA for exterior 4.0 in pedestrian nreas 4.0 in pedesdian areas 1 S.0 within vehicular
pedesfian circulation display areas
areas
5.0 in parking lots
3.0 along pedestrian
walkways
Maximnm uniformity ratio 5:1 within parking 3:1 on sports field or 39 on sporis field or court 10:1
(maz. to min) struc[ure court
10:1 remainder of site 10:1 remainder of site 10:1 remainder of site
Maximum lumen rating for a 14,000 23,500 107,000 14,000
(ull cutroff light fix[ure field or court area sports field
shielded irom view of
adjacent sMcets and 5,500 23,000
properties parking and pedesMan couns
areas
13,500
parking areas
8,500
pedesfian areas .
Maximum lumen rating for I,B00 1,250 4,000 1,800
an IESNA cuhoff or semi
cuto[t light tlxture
Maximum lumen retlng for 900 900 900 900
an unshielded light fixture
Sports shielding n/a intemal and ezternal intemal and eztemal n/a
Light fixture aiming angle n/a n/a not greater than 60 degrees n/a
trom nadir
Controls Au[omatic daylight Field or court lights Field or court ligh(s shall Service sta[ion canopies
adap4ltion controls shall be Nrned off be tumed off within 30 and vehicular display
required within 30 minutes of minutes atter Ihe Iast event lightieeg shall not exceed 5.0
the last event or 12:00 fc within 1 hour of the close
midnight whichever is of business
earlier
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Maximum allowable pole 12 feet for uncovered 20 feet in residential 20 feet in parking lots 20 feet when adjacent m
height upperlevelparking zones within oradjacen[to residentialzones,otherwise
residential zones, 25 feet in parking lots
~ otherwise 25 feet
(includes basc, pole, and 25 fee[ in all other 35 feet for sports lighting 20 feet in all other areas
light fixturc) zones or as approved by the City
Manager per Section 9-4- .
1I, B.R.C. 1981
( fl Prohibitions: No person shall install any of the following types of outdoor lighting fixtures:
(1) Mercury vapor lamps;
(2) Low pressure sodium lamps, unless within six hundred feet of an existing
astronomical observatory, which is owned or operated by a governmental entity;
(3) Blinking, flashing, moving, revolving, flickering, changing intensity or color, and
chase lighting, except lighting for temporary seasonal displays, lighting for public
safety or required for air traffic safety;
(4) Any light fixture that may be confused with or construed as a traffic control device;
(5) Any upward oriented lighting except as otherwise provided for in this section;
(6) Searchlights, beacons, and laser source light fixtures;
(7) Exposed linear lamps that include, without limitation, neon, Light Emitting Diode
(L.E.D.), and fluorescent lighting, primarily intended as an architectural highlight to
attract attention or used as a means of identification or advertisement except as
permitted by Chapter 10-11, "Signs on Private Property," B.R.C. 1981; and
(8) Any bare lamp or bulb not within a light fixture (except for seasonal displays and
landscape ornamental lighting) visible beyond the property line on which it is
located.
(g) Liehting Plans Required: A lighting plan shall be submitted with any building permit
application except for a single detached dwelling unit on an individual lot, in which outdoor
lighting is proposed or required. The lighting plan shall include:
(1) A site plan showing the location of all buildings and building heights, puking, and
pedestrian areas on the lot or pazcel;
(2) The location and description including mature height of existing and proposed trees
and the location of light fixtures on adjacent properties or the street right-of- way
within ten feet of the subject property;
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(3) The location and height above grade of all proposed and existing light fixtures on the
subject property;
(4) The type, initial lumen rating, color rendering index, and wattage of each lamp
source;
(5) The general style of the light fixture such as cut-off, lantern, coach light, globe, and
a copy of the manufacturers catalog information sheet and IESNA photometric
distribution type, including any shielding information such as house side shields,
internal, and/or external shields;
(6) Control descriptions including type of wntrols (timer, motion sensor, time clock,
etc.), the light fixtures to be controlled by each type, and control schedule when
required.
(7) Aiming angles and diagrams for sports lighting fixtures; and
(8) A lightsng calculation which shows the maximuxn light levels on a grid not to exceed
ten feet by ten feet across the entire site and a minimum of ten feet beyond the lot or
parcel property line. The grid shall also indicate maximum to minimum uniformities
for each specific use area such as parking and circulation areas, pedestrian azeas, and
other common public areas.
(h) Final Inspection and Certification: Prior to a building permit final inspection or the issuance
of a certificate of occupancy, the applicant shall provide certification that the outdoor lighting
as installed complies with the approved illuminationplan and the requirements ofthis section
unless waived or amended by the city manager in writing. The certification shall be
submitted in a format prescribed by the city manager. The certification shall be completed
by the architect, electrical engineer, electrical contractor, or lighting consultant responsible
for the plans or the final installation.
(i) Exceptions: The standazds of this section shall not apply to the following types of exterior
lighting:
(1) Ornamental Li tin~: Low voltage (12 volts or less), low wattage ornamental
landscape lighting fixtures, and solar operated light fixtures having self contained
rechargeable batteries, where any single light fixture does not exceed 1001umens
(2) Strings of Li¢ht: Sh-ings of light, not exceeding a maximum of SO lumens per lamp,
(equivalent of a seven watt C7 incandescent light bulb) on properties located in all
residential zoning districts or on properties that are used exclusively for residential
uses shall be exempt from the requirements of this chapter.
s:\plan\pb-items\ordinances\gk5-15-031ightord AgCllda It0I11 # _SR PSgC ~#~
(3) Aviation Lighting: Lighting used exclusively for aviation purposes. All heliport
lighting, except lighting associated with emergency facilities, shall be turned off
when the heliport is not in use.
~)
(4) Rieht-of-Way Li~hting: Public lighting that is located within the right-of-way.
(5) Seasonal Lighting Disnlavs: Lighting displays from November 15 through January
30 of the following year.
Variances & Exemptions: The city manager is authorized to grant variances to this section
in accordance with the following standazds:
(1) E-lc uivalent Material: The provisions of this section are not intended to prevent the
use of any design, material ar method of installation not specifically prohibited by
this article provided any such alternate has been approved by the city manager. The
city manager may approve any such alternate provided that the proposed design,
material or method provides an approximate equivalent method of satisfying the
standards of this section.
(2) Variance: The city manager may grant a variance from the provisions of this section
if the city manager finds that one of the criteria of subparagraphs (A) er(B) ot.(Cj,
and subparagraphs ~Cj-and~~(D) atld>~E}:have been met:
(A) There are special circumstances or conditions applying to the land, buildings,
or outdoor light Fixtures for which the variance is sought, which
circumstances or conditions are peculiar to such land, buildings or outdoor
light fixtures and do not apply generally to the land, buildings or outdoor
light fixtures in the neighborhood; or
~~)
($C) Upon a finding by the city manager that outdoor lighting in specific areas of
the community, that otherwise meets the requirements of this section is not
adequate and additional lighting is necessaryto improve safetyor security for
the property; and
(~D) The granting of the variance will generally be consistent with the purpose of
this section and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare; and
(~~) The variance is the minimum variance that provides the relief required.
s:\plan\pb-items\ordinances\gk5-15-03lightord Agep~]a Itep~ #~ P9gC # ~O
(3) Temporary Li~ing Exemption: The city manager may grant an exemption from the
reyuirements of this section for temporary outdoor activities that include without
limitation fairs, carnis~als, sporting events, concerts, and promotional activities, ifthe
city manager finds the following:
(A) The length of time that the temporary lighting is to be used is not longer than
thirty days;
(B) The proposed lighting is designed in such a manner as to minimize light
pollution, light trespass, and glaze as much as feasible; and
(C) The proposed lighting will comply with the general purpose of this section.
(k)
Amortization: All exterior lighting fixtures which do not conform to the following standazds
shall be brought into con£ormance no later than f't#~ccireig~t years from the date of adoption
of this ordinance.
(1)
(~~
{~)
~?)
~3)
s:\plan\pb-items\ordinances\gk5-15-031ightord
Agenda Item # SB Page #~
(A) The owner's investcsiea~t ~ri ui~pravemeiits a~d oflxer assets ori She property
befare the t~riae the iznp~~Yeanenxs t~eca~~e ~anstanilard;
~ , ~, . .
(Dj 'f`he antioipated anzi~~1 recauery, a~' ~pvesl~n~nt,. rn~licding xxet z~i~orne axid
clepreciatiat~;
ta the city ma~ia~er af the ounier'S itifc~,~~ to„appeal with foiu~tceu da.ys after ieceiving
notice af the citiy's deaisipn. The-hearing ~ball be Et~ld in con~ormance witlrtlie
xeq~.~irenoenta of` Subsection 9~~.6~2(d),~.,"~ariance aud Interpxeta~i4n ; Pulilic
Heariug,".B.R.C:,1981,
(4j Ex~m»t from Airiortizatiori Requireinerits. The following shall be exempt from the
amortization provisions, but not the shielding requirements, of this section:
(A) Existing high pressure sodium and metal halide light fixtures which do not
exceed the maximum allowable light levels of subsection (e) by more than
twenty percent;
(B) Existing high pressure sodium and metal halide light fixtures mounted on
poles which exceed the maximum allowable pole heights of subsection (e),
but do not exceed thirty-five feet in height, and do not exceed the maximum
allowable light levels of subsection (e);
t~)
~?~)
vapor
shall be removed or replaced with a light fixture that meets the requirement
of this section by May 1, 2005.
(B) R~e lacement of Bulbs: To the extent that compliance with this section can
be achieved by replacement of a light bulb, such bulb shall be installed upon
the bulbs failure or May 1, 2004, whichever is earlier.
Section 3. The city council orders that this ordinance be applied to all building permit
applications made to the city after the effectiva date of this ordinance.
Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the
residents of the city, and covers matters of local concern.
s:\plan\pb-items\ordinances\gk5-15-031ightord Agenda Item # J~•U Page #~D
(C) Existing high pressure sodium and metal halide light fixtures which exceed
the maximum lumen ratings of subsection (e), but complywith the maximum
allowable light levels of subsection (e).
Section 5. The council deems it appropriate that this ordinance be published by title only and
orders that ccipies of this ordinance be made available in the office of the city clerk for public
inspection and acquisition.
INTRODUCED, READ ON FIItST READING, AND ORDERED PUBLISHED BY TITLE
ONLY this day of
20_
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED
BY TITLE ONLY this day of
20
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
s:\plan\pb-items\ordinances\gkS-15-031ightord Agenda Item # Jr~ Page #~/
ATTACHMENT B
(~eaeral Organization
Since the PB hearing on the lighting code on April 4, i
have apent more time reviewing the proposed changes. I
think that this ordinance ia going to receive widespread.
aupport among the citizena, but these are aome thinga that
will make the propoaed ordinance even better.
General Organization. As paragrapha under the Subaection
"Scope," the ordinance sets forth Exceptiona {(b) (6) (A)
through (E)], which are followed by Varianoea & Tsxemptiona
[(c) (1) through (3)]. Logically, the exceptions, variances
and exemptions fit better after the whole lighting
ordinance is laid out. 2 suggeat moving them to the very
end of the ordinance. Currently, it ia quite'confuaing to
be told about exceptions and exernptions to the lighting
ordinance before the Design Standards and Maximum Light
Levels have been aet forth.
The illogic of the current arrangement has one hearing
this: 2 have to comply with the ordinance right away as to
new fixtures (b), though T need not replace old onea unless
the redevelopment meeta a threahold [(1) and (2)], unlesa
it is a MVL or changing a bulb would bring me into
compliance [(3) and (4)] and as ~o the reat I have 8/15
years [(5)]1 but there are Exceptions [(,b)] and Variances
and Exemptions [(c)]. At this point, the reader is
screaming, "What in the world is at the heart of this
ordinance? What am I required to do?" Only then, does the
reader arrive at the heart of the ordinance, the design
standards [(d)], the Maximum Lighting Standards [(e)], the
flat out Prohibitions [(f)] and then the means of proving
compliance {(g) and (h)}.
Why not move (b) (6) Exceptione to its own subsection at
the end? It deaerves to stand by itaelf, telling people the
limited circumatances to which the ordinance does not
apply. Renumber Exceptione as (i) following Final
Inapection and Certification which currently ie (h).
After (i) on Exceptione, proceed to place the Amortization
provision as subsection (k). You might call it "Rolling
Applicability," or something like that. You can then add
para. (3) Replacement of Unahielded Mercury Vapor Light
Fixtures and (4) Replacement of Bulbs as aubparagrapha
under Rolling Applicability, because these two paragraphs
are really exceptions to the amortization provieion.
Agenda Item # _Stg Page # o~~
3ubstantive Changea
Replacement of Bulbs. Not only replacement of bulbs, but
also simply reaiming floodlighte and spotlights can achieve
the purpose of the ordinance with virtually no cost.
Therefore, I suggeat that this section read as follows
"Replacement of Sulbs and reaiming adjuatable
fixturea. To the extent that compliance with this
section can be achieved by replacement of a light bulb
or reaiming the light source of an adjustable fixture,
compliance shall occur on or before May 1, 2004."
Amortization. Assuming that 8 years will work for the
commercial and induatrial propertiea, I suggest that wee
uae the same period for residential properties-unless of
course they redevelop. For remodels above a minimum
threshold, we should require full compliance. Requiring
compliance of remodeled housing does not have the same
expenae that we are ao careful about avoiding for merchants
with big parking lots who would have to spend $2,000 per
pole or so to change the lighting.
Variatione and Exceptiona. Theae are permitted under
subsection (c) (2) (B) "[u]pon a finding by the city
manager. .." Such a finding should.be based not simply on
the belief of an applicant that it needs more light, but
upon evidence. Therefore, I suggeat that the opening line
of that aubsection read as follows:
Upon a finding by the city manager based upoa
evidence. .'.
Flagpole lighting. While traveling to Arizona and Utah in
the last couple of weeke, I noticea many flag poles that
were illuminated from the top. I would like to suggeat that
aubsection (d) (9) be changed to provide for a aingle light
on the flag that is pointed down from the top of the pole.
Unahieldad lightiag activatad by a Motion Seneor. This is
covered under subaection (d) (5). This doea not require
replacing a fixture that still has a good useful life. It
requires adding a motion detector in order to avoid the
glare that otherwise results, and it may require a bulb
that produces less lumens. I would like to move this to the
amortization portion of the ordinance so that theae are
amortized by May 1, 2004.
Maximum Lighting 3tandarda. This is covered under
subaection (e), which contains Tables A and B. I think that
the title ot the subaection should be changes to "Maximum
Lighting Levela" for greater clarity.
Agenda Item # _~~ Page # ~~3
Prohibitioas. These are set forth in aubsection (f). I
would like to prohibit glare projected off of the pzoperty
line. The LEED certification for commercial buildings givea
a point for buildinga that comply with the following:
"design interior and exterior lighting such that zero
direct beam illumination leaves the building site." (Site
Credit 8). Is there any reaaon why we cannot include that
as the 9°h prohibition?
Agenda Item #_~_ page # r~~
ATTACHMENT C
4780 Cheyenne Court
Boulder, Colorado 80303
May 6, 2003
To: Boulder Planning Board
Re: Proposed Exterior Lighting Ordinance
Dear Planning Board,
We moved to Boulder in 1976 when I bought Stephenson Electric Co., a mediixm sized
design/build firm. I have a degree in Electrical Engineering and have practiced engineering in
one form or another for more than 50 yeazs. I have been a member of The Illuminating
Engineering Society of North America (IES) since 1976.
I started using cut-off luminaires in 1976 and have done many exterior lighting projects in
Boulder and the Denver Metro area through the years always using IES standards uid good
judgement and experience to create quality lighting. Since 1987, I have been doing Electrical
Consulting and have continued these good design standards.
I absolutely support the objectives of this Ordinance but, as is often the case, "the devil is in the
details".
I have two primary considerations about this ordinance:
The banning of high pressure sodium light sources in places accessible to the general
public.
High pressure sodium is the most efficient, practical lighting source for exterior lighting today.
Lamp life is generally twice that of inetal halide. Lumens per watt (efficacy) are also much
greater. The Board seems to have bought into their ConsultanYs belief system about "blue ligltY'.
This, despite conflicting viewpoints of other lighting consultants who have testified before the
Board. My own view of the subject is that there is no consensus in the lighting community on
this subject. It would seem wise to wait for more consensus before taking such draconian moves.
2. Uniformity ratios aze much lower than IES Standards.
When a maximum of .2 footcandles is mandated at commercial property lines and a 10 to 1
maximum to minimum ratio is required, that means the ma~cimuxn footcandles anyplace on the
site can be 2. That can only be accomplished by installing many light poles of small height and
low wattage. In every case we have simulated, the wattage (energy use) has increased. And the
installed cost to the owner will be many times that of a site lighted to IES standards.
Agenda Item # ~ Q Page # o7J`~
-2-
I submit that it is caualier and presumptuous of the Board to continually ignore the input from the
community. I haven't decided whether it is from ignorance or arrogance.
I have suggested that a wise move would be to appoint a Technical Advisory Board representing
various community interests to review and comment on the proposed ordinance. I submit that
there are a number of highly qualified people who would volunteer their time if asked. That
committee could be given a definite time frame to return with comments and suggestions.
If the ordinance goes through as it presently exists, it will be enforced lazgely by complaint. I
will make sure the City has a large backlog of legitimate complaints. And when the citizens of
"Green" Boulder find out that the Planning Board is mandating energy inefficient lighting
systems you will hear from them.
I'm writing this communication from a feeling of frustration. There are many exa~nples extant in
Boulder of homble lighting. But there are many examples of quality lighting and : have been
responsible for a lot of them. I live and work in the real world and that world has ;•: ice tags. I
don't believe the business community realizes the price tag associated with this ordinance at it
exists.
I know that you are trying to do what is best for the community but there aze aspects of this
ordinance which go too far.
Sincerely,
Byron L. Mays
303-494-6355
Agenda Item # ,5~ Page # 07~