HomeMy WebLinkAbout2015-07-21 Agenda and Supporting Documentation Town Council Work SessionNOTE:
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VAIL TOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
2:00 P.M., JULY 21, 2015
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Times of items are approximate, subject to change, and cannot be relied
upon to determine at what time Council will consider an item.
Public comments on work session item may be solicited by the Town
Council.
ITEM/TOPIC: DRB/PEC Update (10 min. )
PRESENTER(S): George Ruther, Director of Community Development
ITEM/TOPIC: Wildfire Mitigation Update (30 min.)
PRESENTER(S): Mark Novak, Fire Chief and Paul Cada, Wildfire Program
Administrator
ACTION REQUESTED OF COUNCIL: Staff is requesting direction from the
Council in regards to strategies to pursue to gain increased property owner
participation in wildfire mitigation efforts.
BACKGROUND: Vail Fire and Emergency Services has conducted wildfire
mitigation activities since 2003. Although Vail has not suffered a serious wildfire
during this time, a number of communities in the region have experienced
catastrophic wildfires which have resulted in widespread property damage.
Analysis conducted after these events has resulted in a better understanding of
the factors that make buildings susceptible to ignition. Staff would like to
investigate strategies to increase property owner participation in wildfire
mitigation and to reduce the likelihood of structural loss when Vail experiences a
wildfire.
ITEM/TOPIC: The Vail Town Council requested a worksession with the
town staff to discuss the Town's adopted policies and regulations with
regard to decorative holiday lights. More specifically, the Town Council has
received feedback that the current policies and regulations, as adopted,
may not be adequate to ensure that the goals and objectives of the Town
with regard to decorative holiday lights are being achieved. (30 min)
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Should the Community Development
Department prepare an application for a proposed text amendment to the Town's
Zoning Regulations with the intent of addressing the shortcomings of the Town's
current policy and regulations regarding decorative holiday lights?
BACKGROUND: The Vail Town Council has adopted a policy for decorative
holiday lights. The Town's adopted policy, as further demonstrated by the
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regulations as adopted, has been to leave decorative holiday lights unregulated
as they have been specifically exempted from the application of the Outdoor
Lighting Regulations prescribed in Title 14, Chapter 10 of the Zoning Regulations
of the Town of Vail. An unregulated approach to decorative holiday lights and
decorations is a reasonable policy for a resort community such as Vail to adopt.
In many ways, holiday lights are as much an image of Vail as is our great
mountain experience and wonderful summer flower beds. However, too little
regulation can be just as troublesome as over regulation in many regards. In the
absence of certain minimum regulations, interpretation of the regulations is
difficult, can become vague or ambiguous, or can result in unintended
consequences.
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council instructs staff to move forward with Option as
described in the staff memorandum.
4. ITEM/TOPIC: Information Update:
1) Draft CSE Minutes from July 1, 2015
2) VEAC Minutes from July 14, 2015 (5 min
5. ITEM/TOPIC: Matters from the Mayor, Council and Committee Reports
(15 min.)
6. ITEM/TOPIC: Meet with Avon Town Council
Discuss topics of regional interest, such as affordable housing, transit, and
coordination of special events and festivals.
Dinner to follow (5:00 p.m.) (45 min. )
7. ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402 (4)(b) -
to receive legal advice on specific legal questions; Regarding: Reggie D.
Delponte Residence Trust No. 1, et al, v. Town of Vail, Case Number
2014CV30404; 2) C.R.S. §24-6-402(4)(e) - to determine positions, develop
a strategy and instruct negotiators, Regarding: potential purchase of real
property. (30 min.)
PRESENTER(S): Matt Mire, Town Attorney
ITEM/TOPIC: Adjournment (4:45 p.m.)
NOTE: UPCOMING MEETING TOPICS AND ESTIMATED TIMEFRAMES
BELOW (ALL ARE APPROXIMATE DATES AND TIMES AND SUBJECT
TO CHANGE)
THE NEXT REGULAR VAIL TOWN COUNCIL MEETING WORK
SESSION WILL BEGIN AT APPROXIMATELY 12:30 P.M. (or TBD),
TUESDAY, AUGUST 4, 2015 IN THE VAIL TOWN COUNCIL
CHAMBERS.
Ongoing agenda items
DRB/PEC updates WS - 15 min.; Information Updates Attachments: WS -
15 min.; Executive Session items: 30 min.; Consent Agenda: 5 min.; Town
Manager Report: 5 min.
7/21/2015
Future aaenda items:
Special VLMD Meeting VLMD 2016 Operating Plan - WS - 9/1
Five Year Capital and Real Estate Transfer Tax Budgets - 9/1
2016 Budget Review (First Draft) - 9/1
Whistler Delegation Visit - 10/14
2016 VLMD and TOV Budget Resolution - ES - 10/20
Joint Meeting with VEAC (DestiMetrics Mountain Travel Update) - WS -
12/15
2016 CSE Funding Allocation Recommendation - ES - 12/15
Proposed future agenda items
EGE Air Alliance Update - TBD
Joint meeting with VLHA - TBD
CIRSA Charter Review - TBD
Cleanup Title 12, zoning amendments
Fee Schedule Revisions
TIF Update
Please call (970) 479-2138 for additional information. Sign language
interpretation is available upon request with 48-hour notification. Please call
(970) 479-2356, Telecommunication Device for the Deaf (TDD), for
information.
7/21/2015
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: DRB/PEC Update
PRESENTER(S): George Ruther, Director of Community Development
ATTACHMENTS:
July 13, 2015 PEC Meeting Results
July 15, 2015 DRB Meeting Results
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PLANNING AND ENVIRONMENTAL
TOWN OFVA9�L s COMMISSION
July 13, 2015, 12:30 PM
Vail Town Council
Chambers
75 S. Frontage Road - Vail, Colorado,
81657
Call to Order
Present: Brian Gillette Webb Martin, Henry Pratt, Hansen, John Ryan Lockman
Absent: Dick Cleveland, John Rediker
Legal training has been postponed to a date yet to be determined. Training has been
replaced with training on Novus Agenda BoardView Software.
Mike Griffin, Town of Vail IT Department gave an overview of accessing the Board View
software for PEC meetings.
2. Report to the Planning and Environmental Commission of an administrative action
approving a request for a minor amendment to SDD No.12, Sonnenalp (Austria Haus),
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
modifications to the approved development plans to convert twenty-five (25) square feet of
existing sitting/circulation area to pantry area to facilitate an improvement to the existing
breakfast and bar facility, located at 242 East Meadow Drive, Tract C, Block 5E, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC150021)
Applicant: Austria Haus Condo Association, Inc., represented by Laura Warren
Planner: Jonathan Spence
Action: No Action Taken
Planner Spence delivered a presentation per Staff's memo.
Commissioner Pratt explained the process of an administrative action to the board and that
there is no action to be taken unless one of the Commissioners did not agree with the
action. If they do not agree they may call the application.
Commission Pratt asked if anyone had any questions regarding the staff memo and if
anyone felt that the approval needed further action.
3. A request for the review of conditional use permit, pursuant to Section 12-7E-4: Conditional
Uses, Vail Town Code, in accordance with the provisions of Chapter 12-16, Conditional
Uses, Vail Town Code, to allow for the use of outdoor space for restaurant uses, located at
12 Vail Road Suite 100 (Gateway Building)/Lot N, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC150020)
Applicant: Vintage Vail, represented by Laurance Broderick
Planner: Jonathan Spence
Action: Approve with conditions
Motion: Martin Second: Hansen Vote: 5-0
Conditions:
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1. This Conditional Use approval is contingent upon the applicant obtaining Town
of Vail approval of an associated design review application prior to September 1,
2015.
2. The outdoor patio shall operate consistent with the approved site plan dated
06/04/2015 and attached to this memorandum. (PEC150020)
3. The required perimeter fence shall be fastened to the ground to prevent
movement.
4. As demonstrated on the approved site plan, patron shade will be provided by
individual table umbrellas. No awning shall be proposed in conjunction with this
conditional use approval. Any proposal for an awning in the future shall require
review and approval of an amendment to this conditional use approval.
5. Staff may approve modifications to the location of the proposed fence along the
southern facade.
Planner Spence delivered a presentation per Staff's memo and clarified that there are not
any specific provisions for out -door patios in this zone district. Also noted was that this
proposal is entirely on private property and not subject to any town lease.
Planner Spence noted that the Town is seeing a push towards awnings in outdoor dining
areas. These awnings create a different character to the area, buildings & view corridors
compared to umbrella seating. This application would return to the board should the
applicant request an awning in the future as we do see this as enough of a substantive
change to the applicant.
The applicant was invited to present any additional information on this proposal. Laurance
Boderick, General Manager of Vintage Restaurant explained that the current goal for this
patio was for use during breakfast & lunch through noon and this is why we are requesting
the patio area. We may add dinner dining to the patio next summer.
Commissioner Hansen inquired about whether any outdoor heating lamps were planned at
this time and if not, would that need to come back to the PEC for approval?
Broderick indicated that there are not any plans for outdoor heating lamps this summer but
that they may be needed during evening hours.
Planner Spence indicated that this would not require review by the Commission.
Commissioner Pratt noted that the Gateway HOA has always been very active with
businesses within its district. Pratt inquired if the HOA was in agreement with this
application.
Broderick noted that the HOA had initially given full support. However upon further review,
member Lipcon is concerned that the width of the sidewalk may not be enough for
customers to pass as he does not want people forced to walk on the driveway. Applicant
may need to adjust the fence along the southern sidewalk.
Commissioner Gillette has no concerns with this application.
Commissioner Martin believes this meets the goals and objectives and supports staff
recommendation.
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Commissioner Hanson indicated that he has no issues with the application and supports
staff recommendation.
Commissioner Lockman concurs with the staff recommendation.
Commissioner Pratt indicated that this is something that the Gateway building needs and
this will get people up the street. He is concerned about the 2 foot curbstone that separates
the sidewalk & driveway and whether this will be a hazard if the sidewalk is being utilized
for seating.
4. A request for the review of a variance from Section 11-6-4: Business Signs, Vail Town
Code, pursuant to Chapter 11-10, Variances, Vail Town Code, to allow for two building
identification signs where one is permitted, located at 108 South Frontage Road West/Lot
2 Vail Village Filing 2, a Resubdivision of Lot D, and setting forth details in regard thereto.
(PEC150022)
Applicant: Vail Clinic Inc., represented by Braun Associates
Planner: Jonathan Spence
Action: Approve with conditions
Motion: Martin Second: Lockman Vote: 4-1 (Gillette opposed)
Conditions:
1. At the termination of the existing US Bank lease period, the property shall come
into compliance with Section 11-6-4 Building Identification Signs, Vail Town Code
with one (1) Building Identification Sign.
Planner Spence delivered a presentation as per the Staff memo. Spence explained that
within this sign district only one building id per frontage is allowed and this building has only
one frontage and is allowed one sign up to 50 square feet based on the 160 linear feet of
building frontage. Believes that Vail Valley Medical Center did not create this condition as
they purchased the building with the existing tenant and lease obligation.
Commissioner Gillette asked for the number of businesses housed in this building and how
they are signed. He also asked for clarification between business id and building id signs.
Planner Spence indicated that there are a handful of businesses and they will be signed
through a directory system. Spence also explained the difference as a business ids exist
where the business has its own entrance. In this case, all businesses within this building do
not have individual entrances. The object of the sign is to help inform the public
Commissioner Gillette asked if anyone is having trouble locating the businesses in the
building.
The applicant was then invited to present the request for a sign variance. Tom Braun,
Braun and Associates representing the Vail Valley Medical Center. Braun stated that when
VVMC purchased this building, there was a mixed use of tenants. Through gradual
evolution, the tenants have become almost exclusively medical fields both publicly
generated uses as well as hospital generated uses. Through the VVMC master plan moving
all patient access to the Frontage Road, beginning this summer, we want to better brand
the building as a medical office building for those first time patients who will be accessing
this site for the first time. We want to better brand that building as it aligns with the changes
that are being made and assist patients in going to where they need to be going. Indicated
that this is a temporary sign variance and as the lease concluded, the sign will be going
away.
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Commissioner Hansen asked if the hospital been giving any feedback that the emergency
entrance is difficult to find?
Braun agreed that we have a current challenge with this. We are going to try to route
emergency traffic down to Meadow Drive and general users to use the Frontage Road
access. Working with CDOT for bi-directional signage for patients.
Commissioner Gillette asked for clarification as to how the majority of patients will access
this building. Will they be directed to the South side?
Braun stated that most patients will access this building off of the Frontage Road.
Commissioner Martin asked if there intention to change the sign at all once the lease is up
with US Bank, make it bigger, different location?
Braun clarified that when the current lease is up, they recognize that they must then come
into compliance with the sign regulations and remove the 2"d Building ID sign. Can't speak
to 4 years from now and what the future of the current tenant is.
Commissioner Pratt asked for clarification on where patients that are using this building
park. Will they be in the structure? Do they use this building's parking? How does someone
who knew where CMM was yesterday know where to go today and where to park?
Braun indicated that there are now greeters & valet service during clinic hours. When you
pull up, greeters will inquire where you are going and direct patients to either park on the 3rd
level or to valet park. Most of the structure is currently employee parking but we are working
on freeing up spaces for the clinic. The clinic is going to drive a lot more patient activity
compared to what we have had up to this point.
Commissioner Pratt continued by asking where the greeter will be located? How will
someone know which turn to go into out of the three turns within a 50 ft. distance?
Braun responded that the greeters & valet service will be located in the front loop or in one
of the oversized space.
Commissioner Pratt inquired about temporary parking signage for patrons & if this type of
signage is different from what is being reviewed today and that it is not tied back into the
square footage requirement?
Braun agreed that there would be temporary signage to assist with parking and that this has
already been addressed with staff. Agreed that this is completely separate from this
application.
Commissioner Lockman asked for clarity on the 2 signs vs. 1 sign. Once lease is up, will
the building have to come back into compliance? Is the sign illuminated?
Planner Spence stated that the applicant will have to come back into compliance and that
the sign will be shadow lit.
Commissioner Hansen concurred with the solution
Commissioner Martin agreed with staff and is in agreement that it meets the circumstances
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to grant the variance add supports the application due to the conditions placed on the
application.
Commissioner Gillette does not agree that this application meets the criteria of the special
circumstances. Verbiage of the code it's obvious that they are talking about a site issue and
not a lease issue. Does not believe that the special circumstance of the lease is an issue
because the owner of a building created the lease with this tenant. Does not believe that
this signage will help. Believes if the public is told to go to an office in the US Bank building
they will know exactly where to go but if they are told to go to an office in the VVMC Medical
Office Building, they won't really know where they are going. Because of these two issues, I
do not believe I can support this application.
Commissioner Pratt believes that there is a special circumstance that exists short term that
supports this application. There will be an incredible amount of confusion during the next 4
years. This is just another sign on the building and with the trees out there, not sure how
visible it is going to be. Understands Commissioner Gillette's position. Believes with the
short term problems created with this redevelopment, can support this application. I think
the findings do apply. I do not think that a greeter and signage will solve the parking issues.
We need a better solution for the next 4 years.
5. A request for final review of a conditional use permit, pursuant to Section 12-9C-3
Conditional Uses, Vail Town Code, in accordance with the provisions of Chapter 12-16,
Conditional Uses, Vail Town Code, to construct a permanent skate park at the Lionshead
Parking Structure, located at 350 South Frontage Road/Lot 1, Block 2, Vail Lionshead Filing
1 and setting forth details in regard thereto. (PEC150023)
Applicant: Town of Vail, represented by Todd Oppenheimer
Planner: Jonathan Spence
Action: Approve with conditions
Motion: Martin Second: Hansen Vote: 5-0
Conditions:
1. This Conditional Use Permit approval is contingent upon the applicant obtaining
Town of Vail approval of an associated design review application prior to the start
of any construction.
2. Any proposed exterior signage associated with the skatepark shall be reviewed
and approved as per Title 11 of the Vail Town Code.
3. The Operations and Management Agreement between the Vail Recreational District
and the Town of Vail shall govern the operation of the facility. The provided
development parameters included in Section V. of the application narrative for
PEC150023 shall complement and be consistent with the agreement. Failure of the
facility to develop and operate in accordance with the agreement and the provided
development parameters may result in the project being returned to the Planning
and Environmental Commission for additional consideration.
4. If the Town Council approves winter use there shall be no loss of parking between
November 15 and April 15.
Applicant representative Todd Oppenheimer of the Public Works department was
requested to give an overview of this Conditional Use Permit application. Todd provided a
brief overview of the request and informed the commission that the Council approved the
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final design at the July 7 meeting. This will replace the temporary park that is installed
annually at the Lionshead Parking Structure. They have held multiple public workshops that
were very well attended and believe that the community is very much behind this project
and design.
Commissioner Lockman asked for clarification regarding the possibility of adding snowmelt
to the project.
Oppenheimer stated that the Council directed staff to look into the possibility of adding
snowmelt to the project and he will be taking back specific costs associated with the
skatepark. The feeling from the community and the designers is that this could be a year
round facility if snowmelt is added to the design. There is not a lot for the 21 & under crowd
to do and this may help. They do expect considerable use if available.
Commissioner Lockman asked if any other thoughts had been considered. Cover?
Oppenheimer stated that because the structure is an open air structure, and that adding a
cover would kick in fire suppression & ventilation issues. Because of this the option of a
cover is being discouraged. I am looking into the snowmelt at the direction of the council
and a decision has not been made.
Commissioner Pratt suggested some sort of cover that contained a solar system to create a
self sustaining snowmelt system.
Oppenheimer: Council is aware of carbon footprint for snowmelt system and he has been
directed to look into energy efficient systems
Commissioner Hansen commented on the fact that this is a public facility and inquired as to
whether or not our Police and Fire departments have any concerns for public safety.
Oppenheimer met with Moses Gonzales when design was started. Part of the existing
management agreement with the Vail Recreation District has the police department going
by there at least three times a day. We will be putting in the necessary infrastructure for
cameras if it is deemed necessary in the future.
Martin asked if there were any plans for any events at this facility.
Oppenheimer: There will be some kind of grand opening, but no spectator events
scheduled at this time. Designed for the beginner & intermediate boarder. Not an x -games
type of skate park. Designing this park for more advanced users' rules out too many users.
Skaters usually find a way to meet their needs in an intermediate/beginner park
Commission Martin indicated that he is concerned that spectators will take up all the
parking.
Oppenheimer indicated that a couple of spaces on each level were being dedicated to
spectator viewing areas for a total of 10 spaces.
Commissioner Lockman asked what happens to the spaces where the park is located
today.
Oppenheimer stated that all of those spaces go back to parking for a total of 44 spaces.
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Commissioner Pratt asked what happens to these 10 spaces in the winter. Do they go back
to parking?
Oppenheimer indicated that if the park is snow melted, the spaces will remain dedicated for
spectator observation. If the park is not snow melted, the spaces will return back to parking.
Commissioner Gillette stated that it appeared that there was landscaping on either side.
Why couldn't this be spread out more throughout the park and within the park and allow for
snow removal to be placed in this landscaped area?
Oppenheimer clarified that by including landscaping within the park disrupts the flow
throughout the space. You don't want breaks from one skating feature to another and
because of this, we are able to have more included in this park than you might find in other
parks in the country.
Commissioner Gillette believes the application is appropriate but does not believe heating
the park is appropriate.
Commissioner Webb supports the application as well.
Commissioner Hansen supports the application
Commissioner Lockman supports the application but the town should reconsider snow
melting this area.
Commissioner Pratt believes this is a very creative solution but does not believe that
parking should be eliminated for winter operations. We need this parking for other users in
the winter and we should not keep parking aside for so few users.
Planner Spence asked the commission how they would like staff to proceed if the Council
approves the snowmelt system for this project. Could you authorize staff to work with our
Public Works department and the VRD on a managed solution for those ten parking
spaces?
Commissioner Gillette asked how many parking spaces are required for operations &
maintenance or is it just for viewing.
Oppenheimer indicated that no spaces are required and they are for viewing, someplace to
sit & change their shoes, take a break
Planner Spence indicated that a condition could be added that no parking spaces would be
allocated for the park during Winter operations.
Commissioner Pratt stated that he does not believe that this would need to come back to
the board if the snowmelt system is approved so long as the parking spaces are returned to
the pool in the winter. Has no issues with winter use but has issues with having to heat that
much concrete and that's why he suggested looking into a solar type system that could be
self sustaining.
6. A request for a recommendation to the Vail Town Council on a major amendment to
Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow a revision to the approved development
plan for the Cornerstone site to facilitate the construction of a tensioned membrane
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7
A
structure, located at 1300 Westhaven Drive/Unplatted, (Liftside/Cornerstone) and setting
forth details in regard thereto. (PEC 140019) - Table to September 14, 2015
Applicant: Charter Sports, represented by Braun & Associates
Planner: Jonathan Spence
Action: Table to September 14, 2015
Motion: Martin Second: Lockman Vote: 4-0-1 (Pratt recused)
Approval of Minutes
Approval of June 8, 2015 Results
Action: Approve
Motion: Gillette Second: Hansen
Approval of June 22, 2015 Results
Action: Approve
Motion: Webb Second: Lockman
Informational Update
Vote 3-0-2 (Pratt, Webb recused)
Vote: 4-0-1 (Gillette recused)
An update to the Planning and Environmental Commission regarding the Plastic Bag Ban,
effective August 1, 2015, by Kristen Bertuglia
9. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town
Code, to allow for the future development of Employee Housing Units on the Chamonix
parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das
Schone Filing 1, and setting forth details in regard thereto (PEC150019).
Applicant: Town of Vail Community Development Department
Planner: George Ruther
Action: Table to July 27, 2015
Motion: Hansen Second: Gillette Vote: 4-0-1 (Martin Recused)
Martin recused & departed from meeting
Community Development Director Ruther clarified that the applicant is not looking for a final
recommendation today and this item is being heard as a work session item only. We do
expect to be in front of the commission many more times prior to asking for a final
recommendation.
Ruther clarified that the Chamonix Master Plan is the guiding document for this project. The
Town acquired this property with the intent to build a fire station and affordable housing.
The Master Plan does take into account the fire station as well as the remaining portion be
available for affordable housing. Action plan indicated that the site should be zoned as
Housing which did occur shortly after acquiring the site. In 2007 the Town contracted with
Stan Clausen and Associates to put the master plan together and initially 3 potential site
design alternatives were presented and the neighborhood block scheme was the chosen
design. The plan recommends optimizing the site for employee housing, not maximize the
site understanding that there is a variety of housing needs.
Within the neighborhood block scheme there were fundamental improvements committed to
by the town and agreed to with the neighboring properties. Understanding the adjacent
context or the residential neighborhood to the north, as well as acknowledging this property
immediately adjacent to what is now the fire station, the adjacency to the existing service
stations as well as the West Vail commercial area. Design was put in place where
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pedestrian access was provided, and understating contextually the adjacent uses
surrounding this property as well as vehicular access.
Since adoption of the plan, we recognized that putting some initial infrastructure &
engineering to the site, we realized we were duplicating a lot of the services that were
already adjacent to the property because of the way we laid out the design. In the end, in
2009 staff took an amendment to the master plan back to the council after communicating
with the neighbors about gaining access to the duplex units directly off of Chamonix Lane.
About a year & a half ago we got engaged back into the property & looking at opportunities
for potential development. The first thing we did was go back to the Master Plan for
direction & guidance. We have been working with 359 Design as well as Martin Martin
Engineering to provide some ideas for site access & improvements need for the site. A lot
of that work has been done so we now have a fair idea of what work needs to be done and
what it's going to take to develop this site.
We have asked Council for what goals & objectives the council has by developing
affordable housing on this site. A list of goals & guidelines have been affirmed by Town
Council we have been using these goals as we move forward with planning for this site.
We have also acknowledged that it is would not be in the towns best interest to try to deliver
all of the housing product proposed for this site at any one time. We are looking at a phased
approach to the development. Phases have not been developed with the exception of
access & infrastructure. While this phase is being built, we can move forward with the
planning of the development knowing that we are not building this project at any one given
time. Two phases will be infrastructure and then vertical construction. We are hoping to
build below grade infrastructure this Fall.
Housing zone district was created with the express intent to build deed restricted affordable
housing in this area. We have also provided some flexibility through the development
standards to allow developers to build affordably in the area, but adjacent property owners
would have some certainty to what would actually be built in this area. As a result many of
the standards proposed for this zone district are proposed by the developer and then
approved by the PEC subsequent to an approved development plan. This is very much like
a Planned Unit Development in most other areas of the county. This type of development
identifies development parameters, permitted & accessory uses are identified &
development standards are proposed and approved as part of a binding document.
We will be looking for an approved Development Plan by the Planning and Environmental
Commission. This will be the guiding document for this site. We have not responded to the
criteria yet as it is still too early in the process to provide that information.
Will Hentschel with 359 Design was introduced to the board to discuss the initial planning
for the site. Throughout this process, we are continually reviewing the goals & guidelines for
this site to ensure we are meeting the needs of this housing development.
Hentschel reviewed the development plans provided to the Commission. Addressed were
the sloping of the site, the balance between multi -family, townhomes & duplexes, as well as
pedestrian access & vehicular access to the site.
Commissioner Gillette inquired if the road on the south of the property is a private or public
roadway and who would be responsible for the maintenance.
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Ruther commented that this would be a private driveway and that we have not concluded
who would be maintaining this. There has been a significant number of discussions about
having the town operate & maintain the properties opens pace & roadways and how this
could create value for the project. Some would suggest that an HOA be created and have
them take over responsibility of all common area and roadways. This project is 100% deed
restricted for sale units and none would be available for the rental pool.
Commission Hansen inquired as to affordability of the project and whether or not it would
be subsidized.
Ruther indicated that some subsidy would be provided but that amount has not been
determined.
Commissioner Gillette inquired as to who would be responsible for creating the HOA
documents. Will party wall agreements be provided for all of the duplexes? Does the road
have to be maintained when the development isn't in process? There should be some
direction for the HOA documents and what appropriate fees would be. Is this being
designed for benefits & efficiencies? When is it appropriate to ask these questions? Have
we surveyed our current deed restricted property homeowners as to where we fell down in
this process, what could we do better? Have we done an energy audit on these properties
to see what our baseline is?
Ruther stated that the TOV will be writing these agreements. Party wall agreements will
also be provided by the Town. A survey has not been done at this time but that is a great
suggestion.
Hentschel also clarified that we need to take into account sustainable goals, efficiencies.
What can we do up front that makes these units affordable now and in the future.
Phase plan is important driver. Outdoor access points — outdoor space compartmentalized
within their own but feeds into shared open space.
Hentschel continued his presentation regarding the size analysis done for the site allows for
flexibility. He also recognized that parking will be a very contentious topic.
Commissioner Pratt encouraged staff & consultants to work out the parking ASAP. This is
one of the most troubling topics for residents and consideration of assigned spaces may be
required. Make sure parking divides out correctly to meet resident needs. He also indicated
that 1 parking space for a 3 bedroom unit is questionable.
Commissioner Gillette indicated that regardless of location to bus or other amenities,
residents in our community have cars. Families have cars, we need to make sure there is
adequate parking.
Commission Gillette indicated that he questioned the garage size. We need to review &
assess these sizes as most people use their garage for storage as well as parking.
Commissioner Gillette suggested reviewing it as here is the parking you have, this is how
many units you can build.
Ruther indicated agreement with parking concerns and they will be returning to the
commission in the near future to discuss this again.
7/21/2015
Hentschel discussed the use of development parcels for this project and that within each
area there will development standards created. These standards will determine setbacks,
height, sight coverage, density, landscape area. How does this begin to stack up? We will
define each of these areas and develop standards for each of these areas & development
has to comply with the various standards depending on the specific location.
Ruther clarified that there would be 3 development areas each within its own development
standards. One set for the duplex lots, one set for the Townhomes and one set for the
multi -family units.
Hentschel continued his presentation with the character of the site. The usable open space,
the ease of maintenance, how do we integrate parking & storage within the site. Every unit
needs interior item storage as well as exterior item storage. What do we do about trash?
What do we do about mail? How can these items be an amenity?
Ruther continued discussion on the document version of the development plan. We are
beginning the framework for the future content of the plan. There are two pieces of this
document. One where we have the narrative guide and the other where the illustrative
plans that go along with the plan. Narrative will be come the zoning of this project.
Statement & intent provided. Things such as commercial uses would not be allowed. Uses
focus specifically on the residential uses within this development.
Commissioner Pratt asked if it is appropriate to include some sort of management
guidelines that address parking, party walls, etc... r
Ruther stated that these are more of a zoning type of document and the specifics should be
a different type of document. There is a need, just need to find the best location for this type
of document. If it doesn't go in here, where does it go and how does it get its teeth?
Commissioner Hansen asked for clarity as to how this is going to proceed.
We have engaged Martin/Martin to come up with a utility plan for this project. This allows us
the ability to begin installing the infrastructure while we are continuing to proceed to review
the development plan, & 1s phase of vertical construction. Hopefully start vertical
construction in spring of 2016.
Commissioner Pratt inquired if the staff was looking for feedback or was this more of an
introduction to the project.
Ruther stated that this is more of an introduction to the development so the commission can
get their heads around what is expected with the board for the approval of the development
plan.
Commissioner Pratt indicated an additional comment regarding the internal road that he'd
like to remove the road next to the road to allow for open space. If this interior roadway isn't
required for emergency access.
invited to attend
10. Adjournment the project
Motion: Hansen Second: Gillette Vote: 4-0 orientation and
the site visits
that precede the
The applications and information about the proposals are available for public inspection during W�I�ffar
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is
7/21/2015
hearing in the Town of Vail Community Development Department. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
and Environmental Commission will consider an item. Please call (970) 479-2138 for additional
information. Sign language interpretation is available upon request with 48-hour notification. Please
call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information.
Community Development Department
Published in the Vail Daily July 10, 2015
7/21/2015
7/21/2015
rowN of va
MEMBERS PRESENT
Doug Cahill
Andy Forstl
Rollie Kjesbo
Bill Pierce
DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
July 15, 2015
Council Chambers
75 South Frontage Road West - Vail, Colorado, 81657
PROJECT ORIENTATION
MEMBERS ABSENT
Peter Cope
SITE VISITS
1. Skatepark-Lionshead Parking Structure
2. AHCO Residence -3838 Bridge Road
3. Lodge at Lionshead-380 E. Lionshead Circle
4. Pepi's-231 Gore Creek Drive
MAIN AGENDA
Lionshead Parking Structure DRB150240
Final review of an addition (skate park)
350 South Frontage Road West/Lot1, Block 2, Vail Lionshead Filing 1
Applicant: Town of Vail, represented by Todd Oppenheimer
ACTION: Approve
MOTION: Kjesbo SECOND: Forstl VOTE: 4-0-0
2. AHCO 27 LLC DRB150255
Final review of an addition (deck infill/windows)
3838 Bridge Road/Lot 11 & 12, Bighorn 2nd Addition
Applicant: AHCO 27 LLC, represented by VAG Architects
ACTION: Table to August 5, 2015
MOTION: Kjesbo SECOND: Forstl VOTE: 4-0-0
3. Pepi's DRB150271
Final review of an exterior alteration (awning, weather screen)
231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1
Applicant: Pepi Gramshammer, represented by Sign Design & Graphics
ACTION: Table to August 5, 2015
MOTION: Kjesbo SECOND: Forstl VOTE: 4-0-0
4. Lodge at Lionshead DRB150274
Final Review of exterior alteration (fascia, siding and chimney caps)
380 E. Lionshead Circle/Lot 7, Block 1, Vail Lionshead Filing 1
Applicant: Lodge at Lionshead HOA, represented by KH Webb Architects
ACTION: Approve
MOTION: Kjesbo SECOND: Forstl VOTE: 4-0-0
Page 1
1:30pm
3:OOpm
Jonathan
Jonathan
Jonathan
Jonathan
7/21/2015
STAFF APPROVALS
Ferraro Residence DRB150210 Joe
Final review of an exterior alteration (deck)
2447 Chamonix Lane Unit 13C (Northridge Townhomes)/Lot 25, Block A, Vail Das Schone Filing 1
Applicant: Samuel Ferraro, represented by Mountain Valley Property Management
Schwartzreich Residence DRB150229 Joe
Final review of a changes to approved plans (windows)
421 Beaver Dam Circle/Lot 3, Block 4, Vail Village Filing 3
Applicant: Steve Schwartzreich, represented by KH Web Architects
Rad Three LLC (Eye Pieces) DRB150238 Joe
Final review of an exterior alteration (sign)
278 Hanson Ranch Road/Lot A -C, Block 2, Vail Village Filing 1
Applicant: Rad Three LLC, represented by George Gregory
Tjossem Residence DRB150248 Jonathan
Final review of changes to approved plans (roof)
1630 Buffehr Creek Road/Parcel A, Lions Ridge Filing 2
Applicant: Bradley and Susan Tjossem, represented by Sharon Cohn
Vail Clinic Inc. DRB150254 Jonathan
Final review of an exterior alteration (parking booth)
181 West Meadow Drive/Lot E & F, Vail Village Filing 2
Applicant: Vail Clinic Inc. , represented by Michael Pritchard
Creekside Commercial Building LLC DRB150256 Jonathan
Final review of an exterior alteration (sign)
223 East Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1
Applicant: Creekside Commercial Building LLC, represented by Matt Cardille
Jamrich Residence DRB150258 Jonathan
Final review of an exterior alteration (patio/paint)
4969 Meadow Drive/Lot 11, Block 5, Bighorn 5t" Addition
Applicant: Eric Jamrich, represented by Rippy Contractors, Michael Rippy
Ronning Residence DRB150261 Jonathan
Final review of a changes to approved plans (deck/roof)
5074 Main Gore Drive Unit A/Lot 5, Vail Meadows Filing 1
Applicant: Wes Ronning, represented by Piper Architecture
Sonnenalp Real Estate DRB150262 Jonathan
Final review of an exterior alteration (sign)
242 East Meadow Drive/Tract C, Block 5E, Vail Village Filing 1
Applicant: Sonnenalp Real Estate, represented by Josh Lautenberg
Reff Residence DRB150265 Jonathan
Final review of an exterior alteration (vent)
4620 Vail Racquet Club Drive/Vail Racquet Club Condominiums
Applicant: Richard Reff, represented by Thomas Clemants
Page 2
7/21/2015
Carpenter Summers Residence DRB150267
Final review of changes to approved plans (windows)
1463 Aspen Grove Lane/Lot 813, Block 2, Lions Ridge Filing 4
Applicant: Dan Carpenter & Kaye Summers, represented by KH Webb Architects
Timber Ridge Apartments DRB150269
Final review of an exterior alteration (re -paint)
1281 North Frontage Road W/Lot 1, Timber Ridge Subdivision
Applicant: Timber Ridge Apartments, represented by Corum Real Estate
The Antlers DRB150266
Final review of an exterior alteration (landscaping)
680 West Lionshead Place/Lot 3, Vail Lionshead Filing 3
Applicant: The Antlers, represented by Neils Lunceford
Capitelli Residence DRB150268
Final review of an exterior alteration (paint)
1936 West Gore Creek Drive/Lot 46, Vail Village West Filing 2
Applicant: Marco Capitelli
Bolen Residence DRB150270
Final review of changes to approved plans (stone column)
990 Fairway Drive/Lot 4, Block 1, Vail Village Filing 10
Applicant: James & Phyllis Bole, represented by Dennis Anderson Landscape Architect
Gleicher Residence DRB150272
Final review of changes to approved plans (window)
684 West Lionshead Circle Unit 414 (Montaneros)/Lot 8, Block 1, Vail Lionshead Filing 3
Applicant: M & C Gleicher LLC, represented by SIRE Building Associates
Eagle River Water and Sanitation District DRB150273
Final review of an exterior alteration (Re -Roof)
846 Forest Road/Lot 1, Eagle River Water & Sanitation District Subdivision
Applicant: Eagle River Water & Sanitation District, represented by Red Eagle Construction
Jonathan
Jonathan
Jonathan
Jonathan
Jonathan
Jonathan
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The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
Page 3
7/21/2015
►owx of vn' 1[1
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: Wildfire Mitigation Update
PRESENTER(S): Mark Novak, Fire Chief and Paul Cada, Wildfire Program Administrator
ACTION REQUESTED OF COUNCIL: Staff is requesting direction from the Council in
regards to strategies to pursue to gain increased property owner participation in wildfire
mitigation efforts.
BACKGROUND: Vail Fire and Emergency Services has conducted wildfire mitigation
activities since 2003. Although Vail has not suffered a serious wildfire during this time, a
number of communities in the region have experienced catastrophic wildfires which have
resulted in widespread property damage. Analysis conducted after these events has resulted
in a better understanding of the factors that make buildings susceptible to ignition. Staff would
like to investigate strategies to increase property owner participation in wildfire mitigation and
to reduce the likelihood of structural loss when Vail experiences a wildfire.
ATTACHMENTS:
2015 Wildfire Mitigation Update Memorandum
Fire Adapted Community PowerPoint 072115
7/21/2015
I fflil-n
Memorandum
To:
From:
Date:
Subject
Town Council
Mark Novak, Fire Chief; Paul Cada Wildfire Program Administrator
July 8, 2015
Wildfire Mitigation Update
Background
Since 2003, Vail Fire and Emergency Services has conducted wildfire mitigation
activities. To date the program has consisted primarily of forest thinning, curbside
chipping and public outreach through the Ready, Set, Go program. These programs
have been an important step in protecting our community from the threat of wildfire; In
2013 Vail Fire completed a curbside evaluation of all residential structures with the
exception of large multi family dwellings throughout the town. The intent of this
evaluation was to allow homeowners to understand the hazard that their property faces
with respect to wildland fire and empower the homeowners to take measures to reduce
this hazard. In 2013 Vail Fire also published a white paper regarding the status of
wildfire mitigation and wildfire risk in the Town of Vail. This document included a number
of recommendations that would make the forested areas surrounding the town more
resilient when faced with wildfire and would increase the ignition resistance of
residential structures in the Town of Vail.
CURRENT SITUATION
The National Cohesive Strategy is an initiative jointly supported by local and state
governments and federal land managers. The Cohesive Strategy (Strategy) has
identified three major components necessary to reduce the impacts of wildfire to
communities: 1) creating resilient landscapes, 2) providing adequate fire suppression
and 3) developing fire adapted communities.
The Town of Vail (Town) and Vail Fire and Emergency Services (VFES) have focused a
great deal of time and resources into creating resilient landscapes. This work is
evidenced by the forest fuels reduction projects that have been completed on the
perimeter of the Wildland Urban Interface (WUI). These types of projects will continue to
be an ongoing part of the town's wildfire mitigation efforts. The next planned large scale
project will be the Intermountain Forest Health and Fuels Reduction Project, which will
be implemented on US Forest Service managed land to the south and west of the
Highland Meadows and Intermountain neighborhoods.
7/21/2015
The Town of Vail has also committed to providing adequate fire suppression. Since
2007 a seasonal wildland crew, funded by the Real Estate Transfer Tax has augmented
the fire suppression capabilities of the fire department. The fire department has also
endeavored to increase the training and qualification levels of the members of the fire
department. While a great deal of training has been provided to fire department
personnel, increasing the qualification level has been a slow process due to the low
baseline qualification level and the relative scarcity of wildland incidents within the town.
Building qualification levels will require a continued commitment to deploying VFES
personnel on incidents out of the area.
The third component of the Cohesive Strategy, Fire Adapted Communities (FAC) is an
area in which there is great opportunity to implement a number of actions that will
reduce the risk of loss of life and damage to structures during a wildland fire. A major
focus of the FAC initiative is providing education to community members on the actions
they need to take prior to and during an evacuation resulting from a wildland fire. The
Town of Vail has developed an evacuation plan and provided public outreach regarding
this plan through the town website as well as public "Ready, Set, Go" events. Outreach
regarding evacuation preparedness and procedures is ongoing and will be emphasized
during the upcoming community picnics and through various media sources in
preparation for an evacuation drill that will be held August 5, 2015. This drill will simulate
a wildfire in the Potato Patch neighborhood and will involve actual evacuations of those
residents who choose to participate. This exercise will also test incident command,
interagency coordination and other emergency management functions.
Contemporary research on structure loss during wildfires has reinforced the importance
of focusing wildfire mitigation programs on the home ignition zone and in particular the
vulnerability to embers. Over the past twenty five years the average annual number of
homes destroyed by wildfire has nearly tripled. In almost all of these situations, the
vulnerability of the structures to embers was identified as the primary cause of structure
loss. This is particularly concerning when one considers that a wildfire can deposit
burning embers in excess of one mile ahead of the flaming front. In recent years many
of the post -fire investigations have revealed a pattern in which several homes are
ignited by burning embers which then results in a conflagration fed by structure to
structure ignition. These findings require us to recalibrate our traditional thinking about
wildfire risk. The reality is that a fire burning well outside the town could result in loss of
structures within the town.
This is perhaps the area in which there is the greatest opportunity to decrease our
vulnerability to wildfire. Many homeowners are not well informed about how their
property can be threatened by wildfire and what landscaping and construction features
increase the risk of structural ignition.
Vail Fire and Emergency Services has identified a number of potential steps consistent
with the FAC initiative that will potentially mitigate the impacts of wildfire. These include:
Town of Vail
Page 2
7/21/2015
1) Conduct defensible space/structural ignition assessments of all town owned
properties and provide recommendations of actions the town can take to mitigate
these hazards.
2) Encourage Town of Vail employees to have a defensible space/structural ignition
assessment of their home.
3) Use a town owned facility as a demonstration project to visually demonstrate the
implementation of ignition resistant building construction and good defensible
space in an aesthetically pleasing manner.
4) Review Town Ordinances and Development Standards to identify any potential
conflict with ignition resistant construction and sound defensible space
standards.
5) Update Mountain Pine Beetle abatement ordinance to reflect hazards created by
other forest pathogens.
6) Develop strategies to better educate citizens including the absentee
homeowners.
a. Continue recent collaborative efforts with Vail Board of Realtors.
b. Conduct street -side evaluations of homes, followed by an education
outreach to the property owner with recommended mitigation activities.
7) Increase public education activities through traditional and social media.
III. REQUESTED ACTION
1) Provide feedback on potential mitigation activities.
Town of Vail
Page 3
7/21/2015
Vail as a Fire Adapted Community
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TOWN OF MAIL
7/21/2015
Introductions
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Mark Novak
Fire Chief
Paul Cada
Wildland Program Administrator
Office: 1.9 70.4 77.34 74
Mobile: 1.9 70.4 71.092 7
mnovak@vailgov.com
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 2
Wildfire- Will it really happen in Vail?
• When was the last time that a wildfire threatened the Town of Vail? -
Piney Fire 2014
• When was the last time that a home was lost to a wildfire in Eagle
County?- Dotsero 2015
• The forest types around Vail support low frequency but high intensity
fires
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 3
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Are Wildfires Good or Bad?
• Wildfires play a key ecological function in the natural environment
around Vail and most of the western US
• Regenerate forests
• Carbon cycling
• Increase wildlife forage
• Conflicts occur when wildfires interact with human values
• Homes
• Power lines
• Watersheds
• View corridors
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 6
Current State of Our Forests
• Forest are always in a state of change
• Approximately 3.4 million acres of forest in Colorado impacted by mountain pine
beetle (2006-2012)
• Approximately 1.4 million acres of forest in Colorado impacted by spruce beetle
(2009- Current)
• Recovering from more than a decade of drought
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 7
Wildfire Facts
• Approximately 80% of all wildfires are human caused
• 98% of wildfires are suppressed during the initial attack phase
• Since the 1990's the average size of a wildland fire has doubled from 44 to 88
acres*
• The average annual wildland firefighter fatality rate has increased from 9 in
the 1970's to 19.3 in the 2000's*
• The average number of homes burned each year has more that tripled in the
past 25 years (932 1990's, 2970 2010's with more than 5000 in 2011 and
2012)*
* Headwaters Economics study on costs of fighting WUI fires
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 8
Global Solutions
• Resilient Landscapes (Watersheds)
• Fire Adapted Communities
• Improved Wildland Fire Response/ Management
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 9
Creating Fire Adapted Communities
• A "Fire Adapted Community" incorporates people, buildings, businesses,
infrastructure, cultural resources, and natural areas to prepare for the effects of
wildfire.
• FAC's start with broad community awareness
• New way of looking at the wildfire problem
Action
• Actions occur at all levels from Federal and State Government to the
individual property owner
• Action should be driven from the top down and bottom up
• Actions will snowball overtime to make a cumulatively safer community
• Action is always ongoing!
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 10
Individual Property Owner Actions
• Reduce Structural Ignitability
• Create Defensible Space
• Maintenance, Maintenance, Maintenance
• https://www.youtube.com/watch?v=lvbNOPSYvss
• Roofs
• Decks
• Siding
• Vents and openings
• Attachments
• Where is your stuff stored?
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 11
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Current Department Actions
• Employ seasonal wildland crew
• Fuel reduction projects, chipping
• Increased fire suppression capability
• Participate in community outreach events
• Provide free curbside chipping to town residents
• Conduct voluntary home ignition zone evaluations of homes and properties
• Complete fuels reduction projects on town owned properties
• Coordinate and provide direction to the USDA Forest Service on fuels projects
that would benefit the town such as the Intermountain Fuels and Forest Health
Project
• Coordinate and participate in table top and full scale wildfire exercises
• Gypsum June 2015
• Vail —August 5, 2015
Town of Vail I Department name 1 12/15/11 7/21/2015 14
Fire Adapted Community Gap Analysis
• Communicating with and motivating absentee homeowners to decrease
wildfire hazards around their homes
• Increase focus of program on home ignition zone
• Maintaining a high level of awareness and acceptance of FAC concepts at all
times
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 15
Fire Adapted Community Strategies
• Conduct defensible space/structural ignition evaluations of all town owned
properties and provide recommendations of actions the town can take to mitigate
these hazards (Summer 2015)
• Encourage Town of Vail employees to have a defensible space/structural ignition
evaluations of their home (Summer 2015)
• Use a town owned facility as a demonstration project to visually demonstrate the
implementation of ignition resistant building construction and good defensible
space in an aesthetically pleasing manner
• Review Town Ordinances and Development Standards to identify any potential
conflict with ignition resistant construction and sound defensible space standards
(Fall -Winter 2015)
• Update Mountain Pine Beetle abatement ordinance to reflect hazards created by
other forest pathogens as well as the management of live vegetation for wildfire
mitigation (Fall -Winter 2015)
• Develop strategies to better educate citizens including the absentee
homeowners
• Continue recent collaborative efforts with Vail Board of Realtors
• Conduct street -side evaluations of homes, followed by an educational
outreach to the property owner with recommended mitigation activities
(Summer 2016)
• Increase public education activities through traditional and social media
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 16
Questions?
Staff requests feedback on potential mitigation activities
Town of Vail I Vail Fire and Emergency Services 1 7/21/2015 7/21/2015 17
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: The Vail Town Council requested a worksession with the town staff to discuss
the Town's adopted policies and regulations with regard to decorative holiday lights. More
specifically, the Town Council has received feedback that the current policies and regulations,
as adopted, may not be adequate to ensure that the goals and objectives of the Town with
regard to decorative holiday lights are being achieved.
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Should the Community Development Department
prepare an application for a proposed text amendment to the Town's Zoning Regulations with
the intent of addressing the shortcomings of the Town's current policy and regulations
regarding decorative holiday lights?
BACKGROUND: The Vail Town Council has adopted a policy for decorative holiday lights.
The Town's adopted policy, as further demonstrated by the regulations as adopted, has been
to leave decorative holiday lights unregulated as they have been specifically exempted from
the application of the Outdoor Lighting Regulations prescribed in Title 14, Chapter 10 of the
Zoning Regulations of the Town of Vail. An unregulated approach to decorative holiday lights
and decorations is a reasonable policy for a resort community such as Vail to adopt. In many
ways, holiday lights are as much an image of Vail as is our great mountain experience and
wonderful summer flower beds. However, too little regulation can be just as troublesome as
over regulation in many regards. In the absence of certain minimum regulations, interpretation
of the regulations is difficult, can become vague or ambiguous, or can result in unintended
consequences.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council instructs staff to move forward with Option as described in the staff
memorandum.
ATTACHMENTS:
Decorative Holiday Lights Presentation Memorandum
Holiday Light Draft with attachments 6-11-15
7/21/2015
Memnrancium
To: Vail Town Council
From: George Ruther, Director of Community Development
Date: July 21, 2015
Subject: Decorative Holiday Lights Worksession
Purpose
The Vail Town Council requested a worksession with the town staff to discuss the Town's
adopted policies and regulations with regard to decorative holiday lights. More specifically, the
Town Council has received feedback that the current policies and regulations, as adopted, may
not be adequate to ensure that the goals and objectives of the Town with regard to decorative
holiday lights are being achieved.
There are four intended outcomes of this worksession. The intended outcomes are as follows:
1) Provide a brief background on the Town's adopted policies and regulations regarding
decorative holiday lights,
2) Identify possible shortcomings of the Town's current policy and regulations,
3) Share potential options for further improving the Town's adopted regulations, and
4) Receive instruction from the Vail Town Council on whether to proceed with a
proposed text amendment to the Town's Zoning Regulations with the intent of
addressing the shortcomings of the Town's current policy and regulations regarding
decorative holiday lights.
This agenda item may help achieve the Town Council's adopted goals of "growing a thriving and
balanced community' and "elevating the quality of the experience".
Background
The Vail Town Council has adopted Outdoor Lighting Regulations to address both the intended
and unintended consequences of outdoor lighting in Vail. Adopted in 1980, and more recently
updated and amended in 2007, the Regulations were adopted for the following purpose:
"This section establishes standards and guidelines for minimizing the unintended
and undesirable side effects of outdoor lighting while encouraging the intended
and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose
of these standards and guidelines to allow the minimum amount of lighting
7/21/2015
needed for the property on which the light sources are located, while protecting
the legitimate privacy of neighboring properties. The standards and guidelines
established in this section are also intended to promote the use of
environmentally sensitive and energy efficient lighting technologies, and to
promote "dark sky" lighting fixtures and installation techniques to reduce light
pollution. "
The Vail Town Council has adopted a policy for decorative holiday lights. The Town's adopted
policy, as further demonstrated by the regulations as adopted, has been to leave decorative
holiday lights unregulated as they have been specifically exempted from the application of the
Outdoor Lighting Regulations prescribed in Title 14, Chapter 10 of the Zoning Regulations of the
Town of Vail. They are exempted from the regulations in both residential and commercial
areas. According to the Zoning Regulations, in part,
G. Exemptions: The standards of this section (14-10-7 Outdoor Lights) shall not
apply to:
1. Decorative holiday lights.
This policy is further supported by the Town Council's adopted policy regarding "holiday
decorations" as they too are exempt from the Town's adopted Design Review Standards and
Sign Regulations.
It is clear, that based upon the Town Council's decision to exempt decorative holiday lights and
holiday decorations, the Town's policy on such matters is to take a more hands off/unregulated
approach. When compared to similar resort communities, Vail's decision to largely unregulate
holiday lights is not unique. Most communities exempt, or minimally regulate, holiday lighting as
a policy and practice. For those that do, the regulations focus primarily on the time of year
when holiday lighting can be displayed (i.e., November 15th — April 15", annually).
Possible Shortcomings
An unregulated approach to decorative holiday lights and decorations is a reasonable policy for
a resort community such as Vail to adopt. In many ways, holiday lights are as much an image
of Vail as is our great mountain experience and wonderful summer flower beds. However, too
little regulation can be just as troublesome as over regulation in many regards. In the absence
of certain minimum regulations, interpretation of the regulations is difficult, can become vague or
ambiguous, or can result in unintended consequences.
To that end, the Town staff has identified a number of possible shortcomings of the Town's
current policy and lack of regulation. Possible shortcomings include:
1. "Decorative holiday lights" is an undefined term.
2. It is unclear which "holiday" the lights are celebrating.
3. There is no distinction between "decorative holiday lights" in residential areas versus
commercial areas.
2
7/21/2015
4. There is no limit on the number of "holiday lights" that may be displayed. Too many lights
may be detrimental to the Town's objectives.
5. It is unclear whether "holidays" can be celebrated 24/7/365. As adopted, it appears that is
possible.
6. While the purpose of the regulations is "to promote the use of environmentally sensitive and
energy efficient lighting technologies", there is no period when the lights should be turned off.
Lights may be left on all night and all day.
Potential Options
1. No change
This option maintains the current policy and regulations as they presently exist. The Town's
ability to regulate and enforce holiday lights would remain limited. This option is likely preferred
if in fact there is agreement amongst the policymakers that no significant issues around holiday
lighting exist. It is also preferred if the Town wishes to continue to provide the greatest amount
of latitude to the community in the display of holiday lighting.
2. Minimal changes to address specific issues
This option would be an attempt to address the possible shortcomings of the current policy and
regulations. Left without any form of regulation, opportunities for unintended consequences
increase. While too much government oversight may be difficult to regulate, implement and
enforce, some minimum standards, such as adopting definitions, establishing time periods for
display, and making distinctions between residential areas and commercial areas may be
appropriate without overreaching government's role in this regard. This option continues to
allow for a wide range of interpretation in how holiday lights are displayed.
3. More stringent regulations and prohibitions
This option would be an attempt to not only address the possible shortcomings of the current
policy and regulations, but also an attempt to go further into design of displays. Regulations
could be established to limit or prohibit the color, location, number, brightness, etc. of holiday
light displays. These regulations would be an attempt to address the more qualitative and
quantitative aspects of holiday light displays. This approach is used most often by homeowners
or business owners associations to provide the greatest amount of oversight and to create an
intended theme or image for a particular area. This approach, however, has also been used
successfully by local government to regulate holiday lights within the community.
Regardless of which, if any, of the above-described options is pursued, careful and thoughtful
consideration is needed regarding application/review processes, code compliance/enforcement,
and intended/unintended consequences of a change in policy or regulation. In many ways,
holiday lights are like fine works of art where "beauty is in the eye of the beholder." To some,
holiday lights are only white in color and never blink or flash. To others, holiday lights
incorporate the latest LED technology, are every color under the rainbow, twinkle or blink and
7/21/2015
have the capability to adjust in both brightest or contrast. Some believe only a small and simple
display of lighting is needed to appropriately celebrate the holiday while others may conclude
there is no such thing as too many holiday lights to adequately represent one's holiday spirit.
Town Council Direction
Should the Community Development Department prepare an application for a proposed
text amendment to the Town's Zoning Regulations with the intent of addressing the
shortcomings of the Town's current policy and regulations regarding decorative holiday
lights?
4
7/21/2015
I VM I ;1d
Mauriello Planning Group
DR AFT ME M ORA N D U M
To: George Ruther, Town of Vail Community Development Director
From: Mauriello Planning Group
Date: June 11, 2015
Summary of Issue
Some in the community have concerns with holiday
decorations and lights that are potentially out of character
with the aesthetic of Vail as North America's Premier
International Mountain Resort Community. Traditionally
outdoor holiday decorations were limited to simple lighting of
a few trees with incandescent white or colored light bulbs. A
lighted wreath or limited lighting on the exterior of one's
home or business were also common. Today, it is not unusual
for some homeowners to have homes and vegetation
decorated by a professional which may include multiple trees
and other vegetation on the property and attached in a
manner that generates a significant glow throughout the
night.
Current Town regulations do not provide any real limitations
or requirements for holiday lighting and decoration. The issue
of holiday lighting has been unregulated for 50 years without
significant issues arising. The concerns with lighting may be
the result of technology with the introduction of LED lights
and use of lighting that twinkle or have movement. Staff has
estimated that over the past 20 years, there have been fewer
than five complaints to the Community Development
Department about holiday lighting and/or decorations.
Holiday lighting is used on both residential and commercial
properties as well as by the Town itself within right-of-ways
and Town facilities.
1
Old-fashioned incandescent holiday lights
LED holiday lights
7/21/2015
Holiday Lighting Overview
The options for holiday lighting have increased dramatically in recent years. The old-fashioned
incandescent bulbs used more power, had a relatively short life span, created a lot of heat, and for safety
reasons, you typically could not string together more than about three or four strings of lights from a single
power source.
LED lights have drastically changed the holiday lighting experience. LED bulbs can last up to 100,000 hours,
use a fraction of the energy, stay cool with little risk of fire, and one can safely connect about 90 strings of
light. LED lights also have a variety colors as LED lights can be manufactured to emit almost any color
imaginable, and are being manufactured to be brighter and brighter every year as technology improves. In
addition, they are manufactured in a wide variety of shapes and formats.
These changes in technology have created the ability for
imagination of what was possible even just a decade ago.
animation of holiday lights. Now, individuals can create
a holiday light extravaganza, set to music, and all
controlled by a cell phone.
Holiday Decorations
In addition to holiday lighting, other types of holiday
decorations have become popular. While many people
still embrace the traditional holiday decorations, such as
garland and wreaths (both real and fake), the options for
holiday decoration are limitless. Options range from
pre -lit animated deer, to a Nascar-themed Santa and his
elves, to Spiderman sitting on a chimney.
holiday lighting to reach far beyond the
Control technology allows for flashing or
Santa & his elves holiday decor
Current Town of Vail Regulations: Outdoor Lighting, Signage, Nuisance
Regulations.
Outdoor Lighting Regulations:
The Town of Vail currently regulates outdoor lighting as a whole in Chapter 14-10-7 of the Vail Town Code.
The purpose of the chapter states:
Purpose: This section establishes standards and guidelines for minimizing the unintended and
undesirable side effects of outdoor lighting while encouraging the intended and desirable safety
and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to
allow the minimum amount of lighting needed for the property on which the light sources are
located, while protecting the legitimate privacy of neighboring properties. The standards and
guidelines established in this section are also intended to promote the use of environmentally
2 7/21/2015
sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and
installation techniques to reduce light pollution.
In addition, certain outdoor lights are prohibited:
F. Prohibited Outdoor Lights:
1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or
use intermittent electrical pulsation.
2. Lights affixed to the top of the roof of a structure.
3. Neon, or similar gas filled, lights.
4. Laser source lights.
5. Searchlights.
6. Lights attached to vegetation, except decorative holiday lights.
7. Any lighting that could interfere with the public health, safety, or welfare.
However, "Decorative holiday lights" (an undefined term) are exempt from the outdoor lighting regulations
in both residential and commercial areas:
G. Exemptions: The standards of this section shall not apply to:
1. Decorative holiday lights.
2. Sign illumination, as set forth in title 11 of this code.
3. Official government lighting, other than those owned and maintained by the town of Vail,
installed for the benefit of public health, safety, and welfare.
4. Outdoor lights associated with an approved special events permit.
5. Outdoor lights associated with an art in public places board (AIPP) approved public art
display.
6. Temporary construction zone work lighting associated with an approved building permit or
design review approval (construction zone security and egress lights are not exempt from the
provisions of this section).
7. Lighting identifying hazards or road construction.
As as result, the Town of Vail currently has limited or no ability to regulate holiday lights under the Outdoor
Lighting Regulations.
Signs:
"Holiday decorations" are also identified in the Sign Code, but only as being an "exempt sign." Section
11-9-1 states:
11-9-1: EXEMPT SIGNS:
The following signs are exempt from design review, but remain subject to the applicable
requirements of this code, including, but not limited to, the design standards and guidelines listed
in chapter 5 of this title and the maintenance requirements listed in section 11-11-3 of this title:
A. Memorial signs, dedication plaques, or tablets;
B. Notices posted by governmental officers in the performance of their official duties;
3 7/21/2015
C. Government signs, including directional signs, to control traffic or for other regulatory
purposes,
D. Works of 'fine art", including murals, which do not advertise a product or business and
which have been approved by the town of Vail's art in public places board (AIPPB);
E. Temporary decorations or displays, when they are commonly associated with any
national, local or religious holiday; however, such holiday decorations shall be
removed once their condition has deteriorated such that they are no longer
attractive;
F. Temporary or permanent signs erected by public utility companies or construction
companies to warn of dangerous or hazardous conditions;
G. Signage and decorations related and subject to a special event permit through the town
of Vail;
H. The inscription of names (or dates) of buildings, when etched into masonry in one
location on any business or premises, and in conformity with chapter 6, "Business And
Building Identification Signs", of this title. Each letter of an inscription may not exceed
two inches (2") in height and the total engraved area may not occupy more than three
(3) square feet of the surface of the building,
I. Signs in the 1-70 right of way, which are regulated by the Colorado department of
transportation (CDOT);
J. All political signs, as defined in chapter 2 of this title,
K. Sale signs;
L. Business operation signs;
M. Open/closed signs,
N. Promotional event posters;
O. Garage and yard sale signs; and
P. Open house signs.
The preceding section of the sign regulations may give the Town some ability to regulate holiday
decorations or displays under the context of signage, associated more with commercial districts; however,
the regulations are vague and difficult to enforce.
Nuisance:
The Town may have the ability to consider issues or complaints about holiday lighting or decorations under
the "nuisance" definition:
Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard
which threatens the health and welfare of inhabitants of the Town, or any activity which by its
perpetuation can reasonably be said to have a detrimental effect on the property of a person or
persons within the community.
Section 1-4-1: General Penalty, allows the Town to enforce the regulations of the Town of Vail and includes
a section on Public Nuisance:
1-4-1: GENERAL PENALTY.•
A. Violation And Punishment:
4 7/21/2015
1. It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this code. Unless otherwise specifically provided, any person eighteen
(18) years of age or older violating any section of this code shall be punished by a fine
of not more than two thousand six hundred fifty dollars ($2,650.00), or by incarceration
not to exceed one hundred eighty (180) days or by both such fine and incarceration.
2. Any person under eighteen (18) years of age convicted of violating any provision of this
code may be punished by a fine of not more than two thousand six hundred fifty dollars
($2,650.00). Any person under the age of eighteen (18) years convicted of violating any
provision of the model traffic code adopted by section 7-1-1 of this code may be
punished by a fine of not more than three hundred dollars ($300.00) or by incarceration
not to exceed ninety (90) days, or by both such fine and incarceration. Any such person
shall be guilty of a separate offense for each and every day during any portion of which
a violation of any provision of this code is
committed, continued, or permitted by such
person and shall be punished accordingly.
B. Public Nuisance: In addition to penalties provided in
this section, any condition caused or permitted to exist
in violation of any provisions of this code shall be
deemed a public nuisance and may be by this town
similarly abated as such and each day that such
condition continues shall be regarded as a new and
separate offense.
The enforcement of a nuisance is difficult as it is very subjective as
to what might offend the sensibilities of a reasonable person.
Holiday lighting and decoration has a broad spectrum of appeal and
it would be difficult to single out one display versus another and call
it a nuisance especially considering that the Town's displays are very
significant in scale, brightness, and duration.
Examples of Holiday Lighting Regulations from Other Communities
Town of Vail holiday light display
Most communities, much like Vail, do not provide any regulations or limitations on holiday lighting and/or
decorations, exempting them from any governmental oversight. Other communities provide limited
regulations, such as dates or number of days that holiday lighting and decorations may be displayed. Some
also enforce the time that lights must be turned off at night. A few communities, through their property
associations, have stricter rules regarding holiday decorations which limit both the quality and quantity of
holiday lights and decorations. The following table provides a brief analysis of the regulations for the
communities researched and the regulations are attached in the appendix:
7/21/2015
Examples of Holiday Lighting Regulations
Community Type of Regulations on holiday lighting and/or decor
Jurisdiction
Aspen City Holiday lighting is exempt from outdoor lighting regulations. Holiday lighting must be
temporary in nature and illuminated only from November 15 to March 1. It must not
create dangerous glare on adjacent streets or properties.
Avon Town Holiday lighting is excepted from the outdoor lighting standards from November 15 to
March 1.
Bachelor Gulch HOA Seasonal outdoor landscape lighting permitted between November 15 and March 31,
between the hours of 5 pm and midnight. No more than 6 trees per lot may be lighted.
Cannot cause a glare or other negative visual impacts to neighbors. Only white string
lights are allowed. No chasing, blinking or icicle lights are permitted.
Holiday outdoor lighting and decorations are allowed between November 15 and January
15. Only white string lights on porches, decks, main entrance are allowed. Outlining a
home or architectural features is not allowed. Plastic statuary or inflatable lawn displays
are not permitted. Garland and wreaths are permitted, preferred and encouraged to be
of organic materials.
Basalt Town Exempts (from lighting regulations) winter holiday lighting which is of a temporary nature
and which is illuminated only between November 1 and April 15.
Beaver Creek HOA Outdoor lighting can only be installed between November 1 and May 1. All outdoor
lighting must be white solid lights. Colored, intermittent, blinking or chasing lights are
prohibited. Outdoor lighting is only allowed on trees and not attached to any structure.
Holiday decorations are allowed only between November 15 and January 15. Must be
constructed of primarily natural materials and may be attached to a structure as long as
the decorations do not include lights. Artificial materials, including plastic wreaths,
garland, or statuary, are prohibited.
Breckenridge Town Exempts (from lighting requirements) decorative lighting which is permitted only from
November 1 to the end of ski season. At all other times, decorative lighting is unlawful.
Glenwood Springs City Exempts (from lighting regulations) holiday lighting which is of a temporary nature and
does not exceed 60 days of continuous use. Holiday lighting shall not create a dangerous
glare to motorists or shine onto adjacent properties.
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Community Type of
Regulations on holiday lighting and/or decor
Jurisdiction
Park City City
Seasonal display of lights restrictions apply to commercial zone districts only. Winter
seasonal displays are permitted from November 1 to April 15. Displays shall be turned off
at midnight. Residential zone districts are exempt from these limitations.
Sanibel, FL City
Exempts holiday lighting from sign regulations. Limits holiday lighting and decorations
from the day before Thanksgiving through January 9, which are clearly incidental and
customary and commonly associated with any national, local, or religious holiday. [Note
that removal of lights in a winter climate are hampered by snow and ice.]
South Lake Tahoe City
Seasonal installation of string lights, rope lights or other decorative lighting is allowed for
seasonal lighting between November 1 and March 1. Cannot be installed for more than
90 days. Lights shall be LED or low voltage.
Steamboat Springs City
Exempts (from lighting regulations) temporary holiday tree lights and decorative seasonal
or display lights, provided such lights do not create a hazard to the public.
Sun Valley, ID City
Defines holiday lighting as exterior lighting consisting of strings of individual lamps, where
the output per lamp is not greater than 15 lumens. Residential holiday lighting is allowed
from November 1 to March 15. Flashing holiday lights on residential properties are
prohibited. Holiday lights shall be turned off by 11:00 p.m.
Vail Town
Exempts holiday lighting from outdoor lighting regulations.
Potential Options for Regulating Holiday Lights and Decorations
A. No Change
The first option would be to maintain the current regulations, which exempts holiday lighting and
decorations from the regulations. This limits the Town's ability to do any enforcement or regulating of
holiday lighting and decorations. If the Town agrees that there is no significant issue, this may be the best
option. Introducing regulations for holiday lights and decor can bring unwanted criticism and generate
public outcry.
B. Minimal Additional Regulation
The second option might be providing minimal limitations to the dates and times that holiday lighting and
decorations are allowed. This could be done by either adding language to the existing exemption section
or adding a definition of holiday lighting and decorations. Many communities limit holiday lighting and/or
decorations from November 15 to March 1. In a snowy environment such as Vail, it may be appropriate to
allow the lights to remain on building or trees until May 1, but do not allow them to be illuminated past
March 1. It may also be beneficial to line the time frame up with the Town's time frame for holiday light
7 7/21/2015
installation and removal. Some communities also limit hours, requiring that lights be turned off by 11:00
pm. These types of regulations are easily enforceable and do not require the Town to make any judgement
of quality or quantity.
Example Proposed Language (not intended as a recommendation but rather intended to show potential
options or components): (language to be added is indicated in Underlined. Existing Code language is
indicated in Italics. Language to be deleted is indicated in StFike T6,. -.,ug- )
0 Add a definition to Title 14, Chapter 10, Section 7, Subsection C. Definitions
Holiday lights: Festive lighting and associated decorations intended to celebrate the winter season,
which are temporary in nature and are illuminated only from November 15 to March 1 and
removed by May 1.
0 Add language to Title 14, Chapter 10, Section 7, Subsection G. Exemptions
G. Exemptions: The standards of this section shall not apply to:
1. Oe eFa#ve hHoliday lights, illuminated between the hours of 8:00 am and
11:00 pm.
2. Sign illumination, as set forth in title 11 of this code.
3. Official government lighting, other than those owned and maintained by the
town of Vail, installed for the benefit of public health, safety, and welfare.
4. Outdoor lights associated with an approved special events permit.
5. Outdoor lights associated with an art in public places board (AIPP) approved
public art display.
6. Temporary construction zone work lighting associated with an approved
building permit or design review approval (construction zone security and
egress lights are not exempt from the provisions of this section).
7. Lighting identifying hazards or road construction.
C. Qualitative and Quantitative Regulations
Another option would be to put in place regulations that would limit both the quality and quantity of
holiday lighting and decorations, in addition to providing date and time limitations. These types of
regulations are more common in areas governed by strong property associations, such as Bachelor Gulch
and Beaver Creek. These communities limit the number of trees that can be lit and do not allow for lights
to be installed on structures. They only allow for small white lights and do not allowed colored or blinking
lights. They also limit holiday decorations to those constructed of natural materials, thereby prohibiting
the blow-up or plastic decorations.
Example Proposed Language (not intended as a recommendation but rather intended to show potential
options or components): (language to be added is indicated in Underlined. Existing Code language is
indicated in Italics. Language to be deleted is indicated in Strike Thro ^" )
40 Add a definition to Title 14, Chapter 10, Section 7, Subsection C. Definitions
8 7/21/2015
Holidav Lighting and Decorations: Festive liehti
celebrate the winter season.
and associated decorations intended to
40 Remove language allowing for the exemption of "Decorative holiday lights" from Title 14,
Chapter 10, Section 7, Subsection G. Exemptions
G. Exemptions: The standards of this section shall not apply to:
1. Decorative heliday lights,
2. Sign illumination, as set forth in title 11 of this code.
3. Official government lighting, other than those owned and maintained by the
town of Vail, installed for the benefit of public health, safety, and welfare.
4. Outdoor lights associated with an approved special events permit.
5. Outdoor lights associated with an art in public places board (AIPP) approved
public art display.
6. Temporary construction zone work lighting associated with an approved
building permit or design review approval (construction zone security and
egress lights are not exempt from the provisions of this section).
7. Lighting identifying hazards or road construction.
Add language providing specific qualitative and quantitative standards in Title 14, Chapter 10,
Section 7. Outdoor Lighting
H. Holiday Lighting and Decorations:
1. Exemptions. Holiday Lighting and Decorations are exempt from the other requirements
of Title 14, Chapter 10, Section 7, and due to their temporary nature, are governed by
this subsection.
2. Seasonal Use. Holiday lighting and decorations are temporary in nature and shall only
be illuminated from November 15 to March 1. Holiday lighting and decorations may
only be installed from November 15 to April 15.
3. Operation. Holiday lighting for commercial businesses may only be operated during the
period of 8:00 am until 2:00 am. Holiday lighting on residential properties shall only be
operated from 4:00 pm to 11:00 pm on any day.
4. Quality Limitations - Residential Uses.
a. Only white, string lights are permitted. Colored lights are prohibited.
b. Blinking, flashing, chasing, or moving lights are prohibited.
c. Decorations shall be constructed of primarily natural materials or materials
intended to simulate natural materials. such as garland or wreaths. Plastic or
inflatable lawn displays are prohibited.
5. Quality Limitations - Commercial Uses.
a. White or colored lights are permitted.
b. Blinking, flashing, chasing, or moving lights are prohibited.
6. Quantity Limitations.
a. No more than 6 trees maybe illuminated on a residential property.
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b. Holiday lighting shall not be used to outline architectural features of a residential
structure. Wreaths or other decorations attached to a structure may be
illuminated.
c. Holiday lighting and decorations shall not create a nuisance or shine onto
adjacent properties.
Other Issues:
Attempting to regulate the brightness or intensity of the lighting would be difficult to enforce. The ability
to measure brightness, lumens, watts, or foot-candles would require significant education and and special
equipment to measure. Definitions of light measurements are provided in the table below.
Requiring an approval process, like DRB approval, would add significant workload to staff and significant
demands on home owners and business owners that don't exist today. The likelihood of anyone seeking a
permit is limited.
Term Definition
Lux The metric unit of measure for illuminance of a surface. One lux is equal to one lumen per square meter. One
lux equals 0.0929 footcandles.
Lumen I A unit of light flow or luminous flux. The lumen rating of a lamp is a measure of the total light output of the
lamp. The most common measurement of light output
(or luminous flux) is the lumen. Light sources are labeled with an output rating in lumens.
Watt The unit of measuring electrical power. Watts does not relate to the light output level. It defines the rate of
energy consumption by an electrical device when it is in operation. The energy cost of operating an electrical
device is calculated as its wattage time in hours of use.
Footcandle A footcandle is a measure of light intensity. A footcandle is defined as the amount of light received by 1 square
foot of a surface that is 1 foot from a point source of light equivalent to one candle of a certain type.
Candela The unit of luminous intensity. One candela is defined as the luminous intensity of 1/600,000 square meter of
projected area of a blackbody radiator operating at the temperature of solidification of platinum under
pressure of 101,325 Newtons per square meter.
10 7/21/2015
Appendix:
Regulations from Other Communities
11 7/21/2015
Aspen
12 7/21/2015
INFORMATION GUIDE FOR:
Outdoor Lighting
PURPOSE AND INTENT:
o Promote safety and security;
o Help preserve the small town character;
o Eliminate the escalation of nighttime light pollution;
o Reduce glaring and offensive light sources;
o Provide clear guidance to builders and developers;
o Encourage the use of improved technologies for lighting;
o Conserve energy; and,
o Prevent inappropriate and poorly designed or installed outdoor lighting.
• 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. The fixture
must also be installed to effectively down direct light.
Shielded
Light
Un -shielded
Light
Foot-candles: A unit of illumination of a surface that is equal to one lumen per square
foot. Foot candles shall be measured at a height of 3 ft. above finished grade.
ACY1on
130 S. Galena Street (970) 920-5090
K
Fixture Height: height of the fixture shall be the
vertical distance from the ground directly below the Fb
centerline of the fixture to the lowest direct light
emitting part of the fixture. See Figure 1.
Point Light Source: The exact place from which
illumination is produced (i.e., a light bulb filament or
discharge capsule).
Lightpass: the shining of light produced by a light
fixture beyond the boundaries of the property on which
it is located.
• LIGHTING PLANS:
An outdoor lighting plan must 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. The lighting plan shall include the following:
Figure I
Y
o The location and height above grade of light fixtures;
o The type (such as incandescent, halogen, high pressure sodium) and luminous
intensity of each light source;
o The type of fixture (such as floodlight, full -cutoff, lantern, coach light, etc.);
o Estimates for site illumination resulting from the lighting, as measured in foot
candles. This includes minimum, maximum and average illumination; and
o Other information deemed necessary by the Community Development Director to
document compliance with the provisions of this Article.
• NON-RESIDENTIAL LIGHTING STANDARDS:
o Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas
or buildings shall conform to the definition of "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
may be visible beyond a distance equal to or greater than twice the mounting
height of the fixture. See Figure 2 below.
o Outdoor lighting shall be 12 ft. or less in height unless it meets one of the
following criteria:
■ The lighting is fully shielded and the point light source is not visible
■ The lighting is otherwise approved in Section 26.575.150(K)
o Light sources that are not fully shielded shall not use a clear lens material to
enclose the light bulb so as to minimize glare from that point light source.
Acrpn
130 S. Galena Street (970) 920-5090
El
Figure 2 shows the minimum distance for which the point light source cannot be visible.
o High Intensity Discharge (HID) light sources are allowed with a maximum
wattage of 175 high pressure sodium (HPS) and 175 watt metal halide.
o Spacing:
■ Securi . and parkin lot of light fixtures that are pole mounted shall be no
less than 75 ft. apart.
■ Fully shielded decorative features are allowed to maintain a 50 ft. fixture
spacing.
■ Wall mounted fixture spacing for security lighting shall be no less than 50
ft. apart, measured horizontally.
■ Decorative fixtures directed back toward a building face shall be exempt
from this spacing requirement when shielded and not exceeding 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 max. of 150 ft.
o Pole mounted fixtures shall be limited to two light sources per pole.
o Mixed use areas that include residential occupancies shall comply with the
residential standards on those floors or areas that are more than 50% residential
12'
based on square footage.
o Up -lighting:
■ Only when projected towards awnings overhanging architectural or
landscape elements (See Figure 3 below).
■ Spacing should be no less than one fixture per 150 sq. ft. of area
(measured horizontally) and a total lamp wattage of 35 watts.
■ Up -lighting of flags is permitted with a limit of two fixtures per pole.
Fixtures must be shielded so that point light source is not visible outside of
a 15 ft. radius.
o Outdoor vending (i.e. gas stations) requires approval for lighting. Must not
exceed 20 candles under the canopy.
Acrpn
130 S. Galena Street (970) 920-5090
�.
• RESIDENTIAL LIGHTING
STANDARDS:
o Outdoor lighting shall be 12 ft.
or less in height unless it meets
the following:
• Used to illuminate above
grade decks or balconies,
is fully shielded, and the
point light source is not
visible beyond the
property boundaries.
■ The lighting is fully
recessed into a roof
soffit, fully shielded, and
it not visible beyond the
Property boundaries.
■ The lighting is otherwise
pi—ro 3
Examples of Up -lighting
approved in Section
27.575.150(K)
o Outdoor lighting with HID light sources in excess of 35 watts shall be prohibited.
Also, incandescent light sources including halogen shall not exceed 50 watts.
o All light sources that are not fully shielded shall use material other than a clear
lens material to enclose the light source. The point light source shall not be
visible from adjacent properties.
o Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped
area (measured horizontally)
o Security Lights must abide by the following:
■ Point light source not visible from adjoining lots or streets
■ Flood lights must be controlled by a switch or preferably a motion sensor
activated on the owners property.
■ Timer controlled flood lights are prohibited.
■ Photo -cell lights are allowed if:
• Located at primary points of entrance or in critical common areas
for commercial and multi -family properties
• Located where light sources are fully -shielded by opaque material
• The light source is fluorescent to eliminate excess electricity
consumption.
Lights must be fully -shielded, downward directed, and screened from
adjacent properties in a manner that limits light trespass to .1 of a foot-
candle, measured at property line.
Light intensity shall not exceed 10 foot-candle
No light fixture shall be greater than 12 feet in height, unless:
• Building or Tree mounted, fully shielded, downward directed and
using a light of 50 (building) or 25 (Tree) watts or less
Acrpn
130 S. Galena Street (970) 920-5090
[.
• EXEMPT LIGHTING:
Holiday Lighting:
Temporary in nature and which is illuminated from November
15 — March 1. Must not create dangerous glare on adjacent
streets or properties.
Municipal Lighting:
When installed for the benefit of public health, safety and
welfare i.e., traffic control, street lights, construction lighting)
Temporary Lighting:
No longer than 14 days. Must submit a written request to
Community Development to include:
a. Specific exemption(s);
b. Type, use and purpose;
c. Duration of time requested;
d. Type of lamp and calculated lumens;
e. Total wattage;
f. Proposed location;
g. Previous temporary exemptions, if any;
h. Physical size of fixture and type of shielding; and
i. Any other required information by Community
Development.
Approved Historic
Non -conforming lighting fixtures that are consistent with the
Lighting Features:
character of the historic structure or district. Not to exceed 50
watts.
Decorative Lighting
I.e., Shades with perforated patterns and opaque diffusers. Not
Elements:
to exceed 50 watts.
Community Benefit:
If the requested lighting does not meet the Code, but
demonstrates a community benefit, it may be exempt.
• Prohibited Lighting:
o No lights affixed to roof or under roof eave, except where requested by building
code
o No lighting of facades when light is attached to ground, poles, or adjacent
building.
o Blinking, flashing, moving, flickering, changing intensity, and changing color
lights and internally illuminated signs are all prohibited.
o Mercury vapor and low-pressure sodium lighting due to poor color rendering
properties
o Liner lighting
o Unshielded flood lights and timer controlled flood lights
o Lighting directed toward the Roaring Fork River and its tributaries
o No beacon or search lights
o Up -lighting is prohibited, except as otherwise specified in the Code
o No outdoor lighting that interferes with the safe movement of motor vehicles on
public thoroughfares.
■ Any fixed light that produces direct light or glare that could disturb
motorists.
■ Any light that may be confused with or construed as a traffic control
device.
Acrpn
130 S. Galena Street (970) 920-5090
• Procedure:
o Administrative Review. 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 b
the Planning and Zoning Commission.
o Lighting plans submitted as part of a building permit application for commercial
or multi -family structure shall be reviewed administratively by the Community
Development Department. The department has the authority to call on referral
boards.
o Appeals. Any appeals related to decision regarding outdoor lighting shall be made
to the Board of Adjustment compliant with the procedures in the Appeals Section
26.316 of the Code
**This is only a guide for Outdoor Lighting in the City of Aspen. The official and full
regulations are in the Land Use Code.**
See Section 26.575.150, Outdoor Lighting
Document Created: March 24, 2009
Acrpn
130 S. Galena Street (970) 920-5090
4: •
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CHAPTER 15.30 - Outdoor Lighting Standards
15.30.010 - Intent and purpose.
(a) The purpose of this Chapter is to reduce offensive lighting sources and reduce light trespass beyond
property lines, including unnecessary upward lighting. The Town is experiencing a significant increase in
the use of exterior illumination. Town residents and guests 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,
and limits their ability to enjoy the nighttime sky.
(b) This Chapter is intended to help maintain the health, safety and welfare of the residents of the Town
through the regulation of exterior lighting in order to:
(1) Promote adequate light for safety and security;
(2) Prevent inappropriate and poorly designed or installed outdoor lighting;
(3) Reduce glare;
(4) Reduce nighttime light pollution and protect and reclaim the ability to view the night sky by restricting
the unnecessary upward projection of light; and
(5) Phase out existing nonconforming fixtures that violate this Chapter, including those owned by the
Town.
(c) In order to determine the effectiveness of this Chapter, staff shall develop and implement the "Avon Dark
Sky Preservation Initiative" program to measure observable lumen counts at fixed points on the valley
floor. Baseline monitoring shall take place on an annual basis, and five (5) years after the implementation
of the ordinance codified herein, the findings shall be presented to the Planning and Zoning Commission
and the Town Council to determine whether or not the intent and goals of this Chapter are being satisfied.
(Ord. 04-19 §1)
15.30.020 - Definitions.
For the purposes of this Chapter, the following definitions shall apply:
Exterior lighting. Temporary or permanent lighting that is installed, located or used in such a manner
to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something
outside are considered exterior lighting.
Fixture height. The vertical distance from the ground directly below the centerline of the fixture to the
lowest direct light emitting part of the fixture.
Full cut-off fixture. A fixture designed and installed where no direct light (as opposed to scattered light)
is emitted at or above a horizontal plane running through the lowest point on the fixture.
Fully shielded. The luminaire incorporates a solid opaque barrier (the shield), which permits no light to
escape through the barrier.
Glare. Stray, unshielded (including reflected) light striking the eye that may result in (a) nuisance or
annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing
squinting of the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into
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20 7/21/2015
shadows; or (d) reduction of visual performance.
Holiday (seasonal) lighting. Temporary festive lighting intended to celebrate the winter season and the
Thanksgiving, Christmas and New Year's holidays.
Light pollution. Any manmade light that diminishes the ability to view the night sky.
Light source. The source of the light emitted by the fixture. Also referred to as bulb.
Light trespass. Light falling on the property of another or the public right-of-way when it is not required
to do so.
Controlled source and
good aiming prevent light trespass
f
f
f
Waste Light, Light Trespass
ti
a
s
Task Area
Light trespass from uncontrolled source
(Ord. 04-19 §1)
15.30.030 - Applicability.
The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town. All
exterior lighting installed after the effective date of the ordinance codified herein shall conform to the
standards established by this Chapter. All existing lighting installed before the effective date of the ordinance
codified herein shall be brought into conformance with this Chapter within five (5) years from the date of
adoption of the ordinance codified herein, or by November 17, 2009.
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(Ord. 04-19 §1)
15.30.040 - General outdoor lighting standards.
The following lighting standards shall apply to all properties located within municipal boundaries:
(1) The style, color and design of the fixtures shall be compatible with the overall design concept and use
of materials for the building and site area of the lighting plan.
(2) All lighting shall be shielded such that the source of illumination (filament, frosted bulb or the
reflection of those from a shiny surface) is not visible from the property line, thereby reducing glare
and interference with boundary streets and adjacent properties. Light fixtures near adjacent property
may require special shielding devices to prevent light trespass.
(3) All lighting (including, but not limited to street, parking lot, security, walkway and building) shall
conform with the definition for full cut-off fixtures with the light source downcast and fully shielded,
with the following exceptions:
Holiday lighting from November 15th to March 1 St.
b. Sensor activated luminaries, provided that:
1. It is located in such a manner as to prevent glare and lighting onto properties of others or
into the public right-of-way.
2. The luminaire is set to only go on when activated and to go off within five (5) minutes after
activation has ceased.
3. The luminaire shall not be triggered by activity off the property.
c. All temporary emergency lighting needed by the Fire and Police Departments, or other
emergency agencies.
d. Floodlights with external shielding can be deflected up to twenty-five (25) degrees from a vertical
plane as measured through the central axis of the light beam from the luminaire, only if the
luminaire does not cause glare or light to shine on adjacent property or public rights-of-way.
27
Compliant floodlight angle
e. Uplighting for flags, address markers, trees, architectural features and low -voltage landscape
lighting, provided that the luminaire is located, aimed and shielded so that direct illumination is
focused exclusively on the object and away from adjoining properties and the public street right-
of-way. Architectural features may be illuminated by uplighting, provided that the light is
effectively contained by the structure. In all cases, uplighting must not cause glare or light
trespass.
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Luminaires (light fixtures) that have a maximum output of one thousand (1,000) lumens per
fixture (equal to one [1] sixty -watt incandescent light), regardless of the number of lamps,
provided:
The bulb of the fixture is not visible;
2. The fixture utilizes frosted, opalescent, clear or iridescent glass;
3. The fixture has an opaque top or is under an opaque portion of the building structure;
4. If the fixture utilizes clear glass, the output of the fixture must be shielded by the architecture
of the structure; and
5. All fixtures must not cause glare or light trespass beyond the property.
g. Temporary (two [2] days or less) high intensity discharge floodlighting may be used for sports
lighting and Town -sponsored events, provided that the lighting be turned off no later than one (1)
hour after the event is concluded. The fixtures must be aimed so that their beams are directed
and fall within the primary playing or performance area.
h. All permanent sports and event lighting shall be equipped with a glare -control package (louvers,
shields or similar devices) and the fixtures must be aimed so that beams are directed and fall
within the primary playing area and light trespass is minimized.
(Ord. 04-19 §1)
15.30.050 - Lighting plan.
(a) An outdoor lighting plan shall accompany all design and building permit applications and shall be
submitted separately from other drawing information. All lighting plans (except single-family and duplex
applications, whose lighting fixtures and locations are reviewed under the Design Review Guidelines) shall
be subject to approval through the design review process by the Planning and Zoning Commission. A
user's guide with examples of compliant light fixtures is available in the Community Development office.
(b) Those projects not requiring design review by the Town shall be required to submit a lighting plan that
conforms to the standards outlined herein at the time of building permit for new construction. The
lighting plan and/or specifications shall show:
(1) The type and luminous intensity of each light source and wattage (e.g., incandescent, halogen, high-
pressure sodium);
(2) The type of fixture (e.g., floodlight, full -cutoff, lantern, coach light);
(3) Fixture location and height above all proposed and existing light fixtures;
(4) Shielding and all mounting details;
(5) Manufacturer cut -sheet and/or specification materials with scaled drawings or photographs
including: initial lumen rating, color rendering index and wattage of each lamp;
(6) Any other information deemed necessary by the Community Development Inspector to document
compliance with the provisions of this Chapter.
(Ord. 04-19 §1)
15.30.060 - Violations.
(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of
this Chapter. If the Community Development Inspector finds that any provision of this Chapter is being
violated, the Community Development Inspector shall give notice by certified mail, return receipt
requested, of such violation to the owner and/or to the occupant of such premises, requesting that the
violation be abated within sixty (60) days of the date of mailing of the notice.
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(b) The Community Development Department staff shall be available to assist in working with the violator to
correct said violation. If the violation is not abated within the sixty-day period, the violator shall be
punished by a fine of not more than one hundred dollars ($100.00) for each and every day during which
the violation of any provision for any single fixture of this Chapter is committed, continued or permitted.
(c) Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil
infraction for each and every day or portion thereof during which any infraction of any of the provisions of
any of the codes and standards named in the title of this Chapter is committed, continued or permitted
and shall be subject to the penalties contained in Chapter 1.09 of this Code.
(Ord. 04-19 §1; Ord. 07-03 §19)
15.30.070 - Figures and diagrams.
The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting
fixtures. Note that even those types of fixtures shown as "acceptable" must be installed and aimed properly to
comply with this Chapter.
Unacceptable
Acceptable
Area Floodlights
Abbe-
t-
f
NO
YES
*Proper aiming is still required to prevent fight trespass
Spotlights
NO
YES
Proper aiming is still requiredto prevent fight trespass
Wall Packs
NO
YES
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Decorative
NO
These"res may be acceptable if'using a lo -w --wattage bulb.
Street Lighting
NO
(Ord. 04-19 §1)
25
YES
YES
,WPL i
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Bachelor Gulch
26 7/21/2015
BACHELOR GULCH
DESIGN GUIDELINES AND REGULATIONS
Single Family Residential Home sites
Adopted by the Bachelor Gulch Design Review Board on March 9, 2006
Addendum
Section 3.1.24— Seasonal and Holiday Outdoor Lighting and Decoration
Seasonal Outdoor Lighting shall be permitted between November 15 and March 31 of the
subsequent year and permitted between the hours (MST) of 5PM and midnight. The
specific guidelines for installation are as follows:
■ No more than (6) six trees per individual property are permitted to be lighted for the
purpose of seasonal lighting and decoration during winter months. Such lighting is
to be installed in a manner that allows individual property owners enjoyment of
seasonal lighting without causing undue glare or other negative visual impacts to
neighboring properties or as viewed from areas outside the resort.
■ White, string lights are required. Absolutely no chasing, blinking, or "icicle" lights are
permitted.
Holiday Outdoor Lighting and Decoration shall be permitted between November 15 and
January 15. The specific guidelines for installation are as follows:
■ White, string lights, which may or may not be attached to garland, may decorate
porches or deck structures to include railings, as well as the main entrance (doorway
and associated entryway structure) to the home.
"Outlining" of a home or individual architectural features of a home by applying
stings of lights to run continuously along roof eaves, window trim or other
prominent architectural features of a home is not permitted.
White, string lights are required. Absolutely no chasing, blinking, or "icicle" lights are
permitted.
Plastic statuary, inflatable lawn displays and other similar ornate displays containing
un -natural, non -indigenous materials are not permitted. However, garland and/or
wreaths which simulate, in a life -like manner, true, organic evergreen or deciduous
tree boughs will be permitted; garland and wreaths made of organic materials are
preferred and encouraged.
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ARTICLE XX - Exterior Lighting
Sec. 16-431. - Purpose.
The Town is experiencing 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. 16-432. - Definitions.
As used in this Article, the following terms shall have the meanings indicated:
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.
Foot-candles means a 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.
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.
Light trespass means the shining of light produced by a light fixture beyond the boundaries of the
property on which it is located.
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. 16-433. - Lighting plans.
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29 7/21/2015
(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 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 Building
Official. Said information may be required in the form of a lighting plan consistent with Section 16-433 (a)
(1).
(Ord. 29 §2, 1998)
Sec. 16-434. - Street lighting.
All lighting illuminating public right-of-ways and easements or private streets shall conform with the
following standards:
(1) All light fixtures must be fully shielded.
(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)
Sec. 16-435. - 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) foot-candles as measured three (3) feet
above finished grade. Exemptions may be requested where the applicant can demonstrate that the
intent of this Article is satisfied with alternate lighting fixtures or standards.
(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 fa4ade; or
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30 7/21/2015
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 wattage of two hundred fifty (250) high pressure
sodium (HPS) and two -hundred -fifty -watt metal halide. 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. 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 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 seventy-five (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.
(9) Up -lighting of flags is permitted with a limit of two (2) fixtures per flagpole with a maximum of one
hundred fifty (150) watts each.
(Ord. 29 §2, 1998; Ord. 2 §§2, 3, 200 1)
Sec. 16-436. - Sign lighting.
In addition to the provisions of Section 16-435, the following provisions shall further regulate lighting of
signs:
(1) Sign illumination shall not exceed seventy-five (75) 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 ('/z) hour after the use to which it is appurtenant is closed, whichever is
later.
(Ord. 29 §2, 1998)
Sec. 16-437. - 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.
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31 7/21/2015
(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.
(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) watts per fixture per one hundred fifty (150) square feet.
(6) Flood lights and security lights shall be restricted as follows:
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.
d. Light intensity shall not exceed ten (10) foot-candles measured three (3) feet above finished
grade.
(7) Motion sensor lights maybe 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) watts.
(Ord. 29 §2, 1998)
Sec. 16-438. - 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 16-434 through 16-437:
(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.
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32 7/21/2015
Review by the Town may include recommendations by a professional lighting consultant selected
by the Town, funded by the applicant.
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 §81, 2003)
Sec. 16-439. - 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.
(Ord. 29 §2, 1998)
Sec. 16-440. - 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 nonconforming lighting. Legal 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.
(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 16-268 of this Code.
In the case of repetitive zoning enforcement for repeat offenses, the Town may impose the special
inspection fees consistent with Section 16-203 (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.
(Ord. 29 §2, 1998)
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Beaver Creek
34 7/21/2015
BEAVER CREED RESORT COMPANY OF COLORADO
SEASONAL OUTDOOR LIGHTING AND HOLIDAY DECORATION
REGULATION
Adopted: August 17, 2000
Title. This regulation shall be known as the "Seasonal Outdoor Lighting and Holiday
Decoration Regulation,"
2. Purpose. The purpose of this regulation is to regulate the use of Outdoor Lighting and
Holiday Decoration (as such terms are defined below) within Beaver Creek to minimize
the impacts of the same on Guests and Owners. The Resort Company has the power to
amend this Regulation from time to time, without notice.
Definitions. Unless otherwise stated, all capitalized terms used herein shall have the
meanings given to them in the Amended and Restated General Declaration for Beaver
Creek, Eagle County, Colorado, as recorded with the Clerk and Recorder of Eagle
County, Colorado, on December 27, 1979, in Book 296, at Page 446, as amended from
time to time {the "Declaration") or in the Articles of Incorporation for the Beaver Creek
Resort Company. In addition, as used in this regulation, the following terms shall have
the following meanings:
3.01 "Outdoor Lighting" means any and all lighting, except for such permanent
outdoor lighting as may be approved by the Design Review Board, that is placed
outside of a structure, or that is placed inside of a structure to be viewed from the
outside, including but not limited to strings of "Christmas tree" lights, icicle
lights, tube lights and similar light emitting devices.
3.02 "Holiday Decoration" means any and all outdoor decorative items, except for
such permanent outdoor decorative items, such as statues, as may be approved by
the Design Review Board, ineluding but not limited to Thanksgiving, Hanukkah,
Christmas and New Year's decorative items.
4. Outdoor Lighting Restrictions. No Owner shall install, construct, operate or maintain, or
allow the installation, construction, operation or maintenance of Outdoor Lighting on any
Residential Site except in accordance with the following requirements:
#624838 v!
4.01 Outdoor Lighting may only be installed, constructed, operated or maintained.
between November 1 of any year and May 1 of the subsequent year.
-1-
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35 7/21/2015
4.02 All Outdoor Lighting installed, constructed, operated or maintained in accordance
with this regulation shall be white solid lights. Colored, intermittent, blinking or
chasing lights are prohibited. All Outdoor Lighting installed, constructed and
operated in accordance with this regulation shall be maintained in good working
order.
4.03 All Outdoor Lighting installed, constructed, operated or maintained in
accordance with this regulation on a Residential Site shall only be placed on trees
or other substantial vegetation and shall not be placed on or attached to any
structure or part thereof.'
Holiday Decoration Restrictions. No Owner shall install, construct, operate or maintain,
or allow the installation, construction, operation or maintenance of Holiday Decoration
on a Residential Site except between November 15 of any year and January 15 of the
subsequent year and in accordance with the following requirements:
5.01 All Holiday Decoration installed, constructed, operated or maintained in
accordance with this regulation shall be constructed primarily of natural
materials. Decorative items constructed primarily of artificial materials,
including but not limited to plastic wreaths, garland or statuary are prohibited.
5.02 Wreaths, garland and similar Holiday Decorations constructed primarily of
natural materials may be placed on and attached to a structure so long as such
decorations do not include lights.
5.03 All Holiday Decoration installed, constructed and operated in accordance with
this regulation shall be maintained in good working order.
&. Enforcement Violations and Penalties. This regulation may be enforced by the Beaver
Creek Resort Company, the Beaver Creek Resort Company Security Department, or the
Beaver Creek Design Review Board, or any authorized agent of any of the foregoing.
Any Owner that violates any provision of this regulation shall be subject to a fine by the
Resort Company, either directly or through the Resort Company Security Department or
the Resort Company Design Review Board. Prior to the issuance of any fine, the Owner
shall be provided with a written warning that states the regulatory provision that is being
violated. Upon the first failure of such person to cease or cure a violation within ten (10)
days of a written warning, there may be a fine imposed of up to $250 for each day during
which a violation continues. Upon a second or subsequent violation of the same
provision, the Resort Company may impose a fine of up to $500 for each day during
which a violation continues. In addition, upon the third or subsequent violation of the
same provision., the Resort Company may seek an injunction to restrain a person from
any further violation of said provision, such remedy being in addition to all other
remedies available at law, equity or otherwise.
#624838 vi
_2_
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36 7/21/2015
7. Design Review Board Approval Not Required. Notwithstanding any regulation of the
Beaver Creek Resort Company or Design Review Board to the contrary, Design Review
Board approval of the installation, construction, operation or maintenance of Outdoor
Lighting or Holiday Decoration is not required, so long as such lighting or decoration is
installed, constructed, operated and maintained in strict accordance with this regulation.
#624838 A
-3-
Beaver Creek
37 7/21/2015
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BEAVER CREEK
RESORT COMPANY OF COLORADO AMENDING THE RESORT COMPANY'S
SEASONAL OUTDOOR LIGHTING AND HOLIDAY DECORATION REGULATION
TO LIMIT THE USE OF SEASONAL OUTDOOR LIGHTING TO " WHITE" LIGHTS
AS DEFINED HEREIN
Meeting of November 24, 2012
WHEREAS, pursuant to Section 3.18 of the Amended and Restated General Declaration
for Beaver Creek, Eagle County, Colorado (the "Declaration"), the Resort Company may adopt,
amend and enforce rules and regulations to promote the general health, safety and welfare of
persons within Beaver Creek and to protect and preserve property and property rights, and may
enforce any such rules and regulations through reasonable and uniformly applied fines and
penalties, through exclusion of violators from facilities, or from enjoyment of any functions, or
otherwise; and
WHEREAS, pursuant to said Section 3.18, the Resort Company previously adopted rules
and regulations known as the "Seasonal Outdoor Lighting and Holiday Decoration Regulation»
(the "Regulation") to place limitations and requirements on the use of seasonal outdoor lighting
and holiday decoration; and
WHEREAS, the Resort Company finds that, due to changes in the technology used for
seasonal lighting, in particular the use of LED lights for strings of seasonal lighting, the
Regulation should be amended so as to create the desired uniform appearance of warm white
seasonal lighting; and
WHEREAS, the Resort Company has determined that it is in the best interest of the
Resort and the protection of property, and reasonably necessary in furtherance of the health,
safety and welfare of persons in Beaver Creek, to amend the Regulation to require a uniform
appearance of seasonal holiday lighting.
NOW THEREFORE, BE IT RESOLVED THAT:
Section 1. The Board of Directors of the Resort Company hereby amends Section 3 of
the Regulation, concerning definitions, to add a new subsection 3.03 to read as follows:
3.03 "White" means the color of light created by LED lights labeled by the
manufacturer as "Warm Write" with a color temperature rating of 2700K — 3000K.
RESOLVED AND ADOPTED this 5'r' day of December, 2012.
BCRC.TWM0069
BeavezCree c Resort Company of Colorado, a
Coli ra o no4profrt corporation
Tim Bkei, Executive Director
Beaver Creek
38 7/21/2015
Breckenridge
39 7/21/2015
Chapter 12
EXTERIOR LIGHTING REGULATIONS
9-12-1: TITLE:
This chapter shall be known and may be cited as the TOWN OF BRECKENRIDGE EXTERIOR
LIGHTING ORDINANCE. (Ord. 21, Series 2007)
9-12-2: FINDINGS:
The town council of the town of Breckenridge hereby finds and determines that:
A. The welfare and enjoyment of the town is associated with its small town character;
B. Because of the importance of the view of the stars in the night sky to the town's residents and
visitors, it is important that the town adopt responsible lighting standards to preserve that view;
C. Preserving and protecting the night sky enhances the use and enjoyment of property through the
use of appropriate lighting practices;
D. The town values the practice of energy conservation, and because of the town's devotion to
energy conservation, emphasis on responsible lighting practices is desired to decrease the
human impact on the environment; and
E. Individual pole and building mounted fixtures and lighting systems should be designed,
constructed, and installed to: 1) preserve the town's small town character; 2) minimize impacts
on adjacent property owners; 3) control glare and light trespass; 4) conserve energy; 5)
maintain safety and security of people and wildlife; and 6) maintain the view of the stars in the
night sky. (Ord. 21, Series 2007)
9-12-3: PURPOSE:
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The purposes of this chapter are to:
A. Provide adequate light for safety and security;
B. Promote efficient and cost effective lighting and to conserve energy;
C. Reduce light pollution, light trespass, glare, and offensive light sources;
D. Provide an environmentally sensitive nighttime environment that includes the ability to view the
stars against a dark sky;
E. Prevent inappropriate, poorly designed or installed outdoor lighting;
F. Encourage quality lighting design and light fixture shielding; and
G. Establish a program to remove or replace light fixtures that violate the requirements of this
chapter. (Ord. 21, Series 2007)
9-12-4: LEGISLATIVE FINDINGS REGARDING ELIMINATION OF
NONCONFORMING LIGHTING FIXTURES:
A. On balance, the burdens created to individual property owners by the provisions of this chapter
requiring the eventual eliminating of nonconforming lighting fixtures are greatly outweighed by
the benefits that will be provided to all of the citizens of and the many visitors to the town and
areas that are in close proximity to the town. The value of the fixtures required to be replaced by
this chapter are comparatively small and that, on balance, the burden placed on property
owners is minimal, given the value of such fixtures as compared to the substantial benefits
gained by such replacement, which is a substantial decrease of unnecessary light trespass and
light pollution.
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B. The required period for the eventual elimination of nonconforming lighting fixtures contained in
this chapter, which is based upon the formula that is used by the United States internal revenue
service to depreciate fixtures attached to real property over a fifteen (15) year period, is
reasonable and provides a rational basis for the deadline of July 1, 2022, for the elimination of
nonconforming lighting fixtures established by this chapter.
C. The deadline for the eventual elimination of nonconforming lighting fixtures established by this
chapter will allow the property owner to recoup or recover costs or otherwise to reap the
benefits of the useful life of such nonconforming fixtures in a manner that is consistent with the
generally accepted methods of depreciating fixtures utilized by the United States internal
revenue service. (Ord. 21, Series 2007)
9-12-5: AUTHORITY:
The town council hereby finds, determines and declares that it has the power to adopt this chapter
pursuant to:
A. The local government land use control enabling act, article 20 of title 29, Colorado Revised
Statutes;
B. Part 3 of article 23 of title 31, Colorado Revised Statutes (concerning municipal zoning powers);
C. Section 31-15-103, Colorado Revised Statutes (concerning municipal police powers);
D. Section 31-15-401, Colorado Revised Statutes (concerning municipal police powers);
E. The authority granted to home rule municipalities by article XX of the Colorado constitution; and
F. The powers contained in the Breckenridge town charter. (Ord. 21, Series 2007)
9-12-6: APPLICABILITY; COMPLIANCE DATE:
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A. The provisions of this chapter shall apply to all new "development" of real property (as that term
is defined in section 9-1-5 of this title) which:
1. Involves new construction for which a development permit is required;
2. Involves the remodeling of an existing building or structure for which a development permit is
required; provided, however, that compliance with the requirements of this chapter is required
for a remodel of an existing building or structure only with respect to the remodeled portion of
the existing building or structure; or
3. Involves the installation of new exterior light fixtures.
B. All commercial and residential outdoor lighting fixtures that were lawfully installed prior to July 1,
2007, but that do not comply with the requirements of this chapter are declared to be legal
nonconforming fixtures. All legal nonconforming fixtures may continue to be used and
maintained after the adoption of this chapter, but shall be brought into compliance with the
requirements of this chapter upon the first to occur of:
1. A determination by the director that the legal nonconforming fixture constitutes a public
hazard or nuisance;
2. The replacement of the legal nonconforming fixture; or
3. July 1, 2022.
Notwithstanding any other provision of this chapter, all legal nonconforming fixtures shall be
brought into compliance with the requirements of this chapter not later than July 1, 2022.
(Ord. 21, Series 2007)
C. All legal nonconforming decorative and bistro lighting may continue to be used and maintained
after the adoption of the ordinance codified in this chapter, but shall be brought into compliance
with the requirements of this chapter upon the first to occur of:
1. A determination by the director that the legal nonconforming fixture constitutes a public
hazard or nuisance; or
2. April 30, 2012. (Ord. 30, Series 2010)
9-12-7: DEFINITIONS:
When used in this chapter, the following words, terms, and phrases, and their derivations shall
have the meanings provided in this section, except where the context clearly indicates a different
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meaning. Words, terms, and phrases, and their derivations used in this chapter which are defined
in the Breckenridge development code (chapter 1 of this title) shall have the meaning provided in
that chapter, unless there is a conflict with a specific definition set forth in this section, in which
case the specific definition in this section shall control.
BISTRO LIGHTS: A display of small white or clear bulbs on a string or tubes used to call attention
and provide light and ambiance to an outdoor dining/bar area designated by the site plan. Bistro
lights shall consist only of light emitting diode (LED) bulbs. "Warm" or "soft" LED bulbs are
preferred.
DECORATIVE LIGHTING: Decorative string lighting that outlines a building or structure; or
decorative string lighting in trees; or decorative string lighting between commercial or mixed use
buildings or to a post or structure forming a canopy over a walkway. Decorative lighting shall
consist only of light emitting diode (LED) bulbs. "Warm" or "soft" LED bulbs are preferred.
EMERGENCY LIGHTING: Lighting used by a police department, fire department, or other
governmental entity for the purpose of public safety.
ENERGY STAR: A joint program of the U.S. environmental protection agency and the U.S.
department of energy which aims to save money and protect the environment through energy
efficient products and practices.
FOOT-CANDLE: A unit of measure of the intensity of light falling on a surface, equal to one lumen
per square foot.
FULLY SHIELDED: An outdoor light fixture constructed so that in its installed position all of the light
emitted by the fixture is projected below the horizontal plane passing through the lowest light
emitting part of the fixture.
ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (OR IESNA): The professional
society of lighting engineers, including those from manufacturing companies and others
professionally involved in lighting.
LZ -1: Lighting zone 1 (the downtown overlay district lighting zone) as described in section 9-12-10
of this chapter.
LZ -2: Lighting zone 2 (the commercial area lighting zone) as described in section 9-12-10 of this
chapter.
LZ -3: Lighting zone 3 (the residential lighting zone) as described in section 9-12-10 of this chapter.
LIGHT POLLUTION: Any artificial light that is emitted either directly or indirectly by reflection that
alters the appearance of the night sky; interferes with astronomical observation; or interferes with
the natural functioning of nocturnal native wildlife.
LIGHT TRESPASS: Any form of shining light emanating from a fixture that penetrates property
other than that for which it is intended and permitted.
LIGHTING ZONE: A geographic area of the town as described in section 9-12-10 of this chapter.
The lighting zones of the town are depicted on the map maintained in the office of the director.
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Such map is incorporated herein by reference and made a part of this chapter. The map shall be
interpreted so that the boundaries of the lighting zones follow the centerlines of streets, roads,
alleys and rights of way, and existing property boundaries. Disputes regarding the boundaries of
the lighting zones shall be determined by the town council.
LUMENS: A unit of luminous flux; the flux emitted within a unit solid angle by a point source with a
uniform luminous intensity of one candela. A foot-candle is one lumen per square foot.
MOTION SENSOR: A mechanism for controlling illumination by turning lights on when activated by
motion and remaining on during activity for a maximum of thirty (30) minutes following the last
detection of motion.
OPAQUE: An outdoor light fixture in which the walls of a fixture are comprised of a solid material,
unable to be permeated by light, should a light source be held behind it.
OUTLINE LIGHTING ON A BUILDING OR STRUCTURE: Any arrangement or display of
incandescent bulbs or lighting tubes used to outline or call attention to the features of a building,
including the building's frame, shape, roofline or window dimensions. Outline lighting includes both
temporary and permanent arrangement of bulbs or lighting tubing, whether located inside or
outside of a building, if such bulbs or tubing is visible to the public from a public right of way or from
an outdoor public area.
PHOTOCELL: A mechanism that is activated by the nonpresence of sunlight (and has the effect of
illuminating a property all night). Photocells are permitted only at primary entrances and where the
light source is fully shielded.
PUBLIC ART: Artwork created and placed on a site in connection with the town's public art
program.
SECURITY LIGHTING: A light used either commercially or residentially for protection of goods or
property.
SEMIOPAQUE: An outdoor light fixture with walls of a fixture comprised of a nonopaque material
such as frosted, colored glass, or material such as mica which allows for some light trespass to be
emitted from the walls of the fixture, referred to as a "glow", but such that the light source is not
visible through the walls. Clear glass is not considered to be semiopaque.
UNSHIELDED FIXTURE: A light fixture shielded in such a manner that the light emitted directly
from the lamp or indirectly from the fixture is projected at angles above the horizontal plane without
limitation.
UPLIGHTING: Lighting that is directed in such a manner as to shine light rays above the horizontal
plane. (Ord. 21, Series 2007; amd. Ord. 35, Series 2007; Ord. 30, Series 2010)
9-12-8: EXEMPTIONS:
The provisions of this chapter shall not apply to the following:
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A. Emergency Lighting: Temporary lighting required for public safety in the reasonable
determination of public safety officials with authority. (Ord. 21, Series 2007)
B. Decorative Lighting: In all lighting zones decorative lighting is permitted only from November 1
through end of ski season at Breckenridge Ski Resort. At all other times decorative lighting is
unlawful. (Ord. 30, Series 2010)
C. Street Lighting: Lighting required for public safety installed by a public entity or private utility
company along a public right of way.
D. Temporary Lighting: Lighting for festivals, celebrations, or other public activities as approved by
the town.
E. Lighting Of Flags: The lighting of national, state or local municipal flags is permitted lit with a
maximum of two (2) fixtures of not more than eighty (80) watts each. This exemption shall not
apply to any other type of flag.
F. Lighting Of Public Art: The lighting of public art is permitted with a maximum of two (2) fixtures of
not more than sixty (60) watts each. (Ord. 21, Series 2007)
G. Architectural Accent Lighting: Lighting to accent an architectural element that is aimed or
shielded to prevent lighting of the night sky with a maximum of one fixture of not more than fifty
(50) watts. (Ord. 35, Series 2007)
H. Sign Lighting: The lighting of a sign when done in accordance with the requirements of title 8,
chapter 2 of this code. (Ord. 21, Series 2007)
9-12-9: PROHIBITED LIGHTING:
The following are prohibited within the town:
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A. An unshielded fixture or lamp for outdoor lighting;
B. A searchlight;
C. A laser light;
D. A semiopaque or transparent backlit canopy or awning; and
E. Any lighting that does not comply with the requirements of this chapter. (Ord. 30, Series 2010)
9-12-10: LIGHTING ZONES:
A. The purpose of the lighting zones is to separate areas within the town which have different
lighting needs, natural conditions, different levels of appropriate light usage, and different
sensitivities to the various obtrusive aspects of outdoor lighting. Because of this, the lighting
zones are defined within this chapter with lighting standards appropriate to each zone. (Ord. 21,
Series 2007; amd. Ord. 35, Series 2007)
B. The boundaries of the lighting zones are shown on the map maintained in the office of the
director. (Ord. 21, Series 2007)
9-12-11: LIGHTING STANDARDS:
A. Lighting standards for LZ -1 (downtown overlay district lighting zone):
1. Fully Shielded: Only fully shielded, downcast, semiopaque fixtures with no portion of bulb
visible are permitted for commercial, mixed use, triplex, duplex and single-family residential
structures, and garages associated with such uses. Such fixtures are prohibited for all other
types of structures.
2. Pole Lights Generally: Pole lights may have a maximum of two (2) light sources per pole.
3. Pole Lights In Parking Lot: Pole lights within a parking lot of more than ten (10) spaces shall
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47 7/21/2015
be shielded, downcast opaque fixtures. (Ord. 35, Series 2007)
4. Bistro Lighting: Bistro lighting is permitted at an outdoor dining/bar area designated by the
site plan to provide light and ambiance. Bistro lighting includes a temporary arrangement of
lighting bulbs or tubing from May 1 through October 31 of the same year. At all other times
bistro lighting is unlawful. (Ord. 30, Series 2010)
5. Photometric Plan: Photometric plan of estimated foot-candle levels with maximum and
average illumination are required for parking lots with ten (10) or more parking spaces.
Emitted light shall not be greater than four (4) foot-candles at the property line, except at site
entry points if determined by the director to be necessary for safety. Cut -sheets for all exterior
light fixtures shall also be submitted with the photometric plan.
6. Maximum Fixture Height: Maximum fixture height as measured from finished grade:
7. Lamp Type: The lamp shall be energy star rated fluorescent with adequate cold rating,
induction, high pressure sodium, LED or low pressure sodium. Incandescent lamps are
permitted on building mounted or signage fixtures at a maximum wattage of sixty (60) watts.
Energy star rated compact fluorescent lamps are encouraged. Fluorescent fixtures are
permitted at fifteen (15) watts or no greater than nine hundred fifty (950) lumens. Other lamp
types with energy star rating are permitted.
B. Lighting standards for LZ -2 (commercial area lighting zone):
1. Fully Shielded: Only fully shielded, downcast, opaque fixtures with no portion of bulb visible
are permitted.
2. Pole Lights: Pole lights may have a maximum of two (2) light sources per pole.
3. Photometric Plan: Commercial and mixed use properties require a photometric plan of
estimated foot-candle levels with maximum and average illumination. Emitted light shall not
be greater than one foot-candle at the property line, except at site entry points if determined
by the director to be necessary. Cut -sheets for all exterior light fixtures shall also be submitted
with the photometric plan.
4. Maximum Fixture Height: Maximum fixture height above existing grade for all fixtures except
those used for outdoor sports facility (field, arena or track) lighting shall be as follows:
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48 7/21/2015
Residential 15 feet
Commercial 18 feet
Pedestrian pathways 10 [feet
Upper story decks
�7
feet above deck
7. Lamp Type: The lamp shall be energy star rated fluorescent with adequate cold rating,
induction, high pressure sodium, LED or low pressure sodium. Incandescent lamps are
permitted on building mounted or signage fixtures at a maximum wattage of sixty (60) watts.
Energy star rated compact fluorescent lamps are encouraged. Fluorescent fixtures are
permitted at fifteen (15) watts or no greater than nine hundred fifty (950) lumens. Other lamp
types with energy star rating are permitted.
B. Lighting standards for LZ -2 (commercial area lighting zone):
1. Fully Shielded: Only fully shielded, downcast, opaque fixtures with no portion of bulb visible
are permitted.
2. Pole Lights: Pole lights may have a maximum of two (2) light sources per pole.
3. Photometric Plan: Commercial and mixed use properties require a photometric plan of
estimated foot-candle levels with maximum and average illumination. Emitted light shall not
be greater than one foot-candle at the property line, except at site entry points if determined
by the director to be necessary. Cut -sheets for all exterior light fixtures shall also be submitted
with the photometric plan.
4. Maximum Fixture Height: Maximum fixture height above existing grade for all fixtures except
those used for outdoor sports facility (field, arena or track) lighting shall be as follows:
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L esidential 15 feet
Commercial 18 feet
Pedestrian pathways 10 feet
Upper story decks 7 feet above deck 11
5. Lamp Type: The lamp shall be energy star rated fluorescent with adequate cold rating,
induction, high pressure sodium, LED or low pressure sodium. Incandescent lamps are
permitted on building mounted or signage fixtures at a maximum wattage of sixty (60) watts.
Energy star rated compact fluorescent lamps are encouraged. Fluorescent fixtures are
permitted at fifteen (15) watts, or no greater than nine hundred fifty (950) lumens. Other lamp
types are not permitted.
6. Location: The setbacks from the property line shall be at least equal to the total height of the
luminaries.
C. Lighting standards for LZ -3 (residential lighting zone):
1. Fully Shielded: Only fully shielded, downcast, opaque fixtures with no portion of bulb visible
are permitted.
2. Pole Lights: Pole lights may have a maximum of one light source per pole.
3. Photometric Plan: Commercial, mixed use or multi -family residential property parking lots
require a photometric plan of estimated foot-candle levels with maximum and average
illumination. Emitted light shall not be greater than two-tenths (2/10) foot-candle at the
property line, except at site entry points if determined by the director to be necessary for
safety. Cut -sheets for all exterior light fixtures shall also be submitted with the photometric
plan.
4. Maximum Fixture Height: Maximum fixture height above existing grade for all fixtures except
those used for outdoor sports facility (field, arena or track) lighting shall be as follows:
5. Lamp Type: The lamp shall be energy star rated fluorescent with adequate cold rating,
induction, high pressure sodium, LED or low pressure sodium. Incandescent lamps are
permitted on building mounted or signage fixtures at a maximum wattage of sixty (60) watts.
Energy star rated compact fluorescent lamps are encouraged. Fluorescent fixtures are
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[Residential 15 feet
Commercial 18 feet
Pedestrian pathways Ffeet
Upper story decks
[7 ][feet
above deck
5. Lamp Type: The lamp shall be energy star rated fluorescent with adequate cold rating,
induction, high pressure sodium, LED or low pressure sodium. Incandescent lamps are
permitted on building mounted or signage fixtures at a maximum wattage of sixty (60) watts.
Energy star rated compact fluorescent lamps are encouraged. Fluorescent fixtures are
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49 7/21/2015
permitted at fifteen (15) watts, or no greater than nine hundred fifty (950) lumens. Other lamp
types are not permitted.
6. Location: The setbacks from the property line shall be at least equal to the total height of the
luminaries. (Ord. 35, Series 2007)
9-12-12: LIGHTING STANDARDS FOR SPECIFIC USES:
A. Standards For Specific Uses:
Single -Family Residential: Exterior lighting shall be fully shielded, downcast and opaque with
no bulb visible. Energy star rated compact fluorescent lamps are encouraged.
2. Gas Stations: Canopy fixtures shall be mounted on the lower surface of canopies and must
be fully shielded in and of themselves (canopy edges do not qualify as shielding) by means of
a flat lens recessed into the underside of the canopy or a flat lens with opaque sides. Lighting
shall not exceed twenty (20) foot-candles. Areas outside service station pump island canopy
shall be illuminated so that the maximum horizontal luminance at grade level is no more than
ten (10) foot-candles.
3. Security Lighting: Security lighting should use the lowest possible illumination to effectively
allow surveillance, be shielded, and directed downward toward designated areas. The use of
motion sensors, timers, photocells or other means to activate lighting during times when it is
needed is encouraged to conserve energy and provide safety and promote compatibility
between different land uses. However, photocells are permitted only at primary entrances and
where the light source is fully shielded. Security light intensity shall be a maximum of ten (10)
foot-candles.
4. Architectural Accent Lighting: Fixtures must be fully shielded and downcast. Fixtures used to
accent architectural features, materials, colors, style of buildings, landscaping or art shall be
located, aimed and shielded so that light is directed downward onto those features. Uplighting
is permitted if the illumination is effectively contained within an overhanging architectural
element and is no more than forty (40) watts.
5. Recreational Facilities: Lighting for fields, courts or tracks shall not exceed maximum
luminance criteria as defined by the Illuminating Engineering Society Of North America
(IESNA). Exterior sports arenas with exterior luminaries for the playing area shall be
extinguished by ten o'clock (10:00) P.M. or within one-half (1/2) hour after the conclusion of
the final event of the day, whichever is later. The remainder of the facility lighting, except for
reasons of security, shall be extinguished at ten o'clock (10:00) P.M. or within one hour after
the event, whichever is later. (Ord. 21, Series 2007)
6. Signage Illumination: All signage in LZ -1, LZ -2 and LZ -3 shall comply with title 8, chapter 2 of
this code. Signage utilizing lighting shall have fixtures mounted to the top of the sign structure
aimed downward onto the sign from above. Fixtures shall be fully shielded so that light is
directed only onto the sign facade and not aimed at the sky, adjacent streets, roads or
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properties. (Ord. 35, Series 2007)
7. Decorative And Bistro Lighting: Decorative and bistro lighting shall not blink all at once, flash,
or rotate, nor create a hazard or nuisance from glare. Decorative and bistro lighting shall be
maintained in good working condition at all times. (Ord. 30, Series 2010)
9-12-13: RELIEF PROCEDURES:
A. The town council may grant a variance from any requirement of this chapter, upon written
request by a developer or owner of property following a public hearing, and only upon finding
that:
1. A strict application of such requirement would, when regarded as a whole, result in
confiscation of the property or
2. That extraordinary hardships or practical difficulties may result from strict compliance with
these regulations and/or the purposes of these regulations may be served to a greater extent
by an alternative proposal or requirement.
B. No variance shall have the effect of nullifying the intent and purpose of these regulations. The
town council shall not approve a variance under this section unless it makes findings based
upon the evidence presented to it in each specific case that:
1. The granting of the variance, exception or waiver of condition will not be detrimental to the
public health, safety, or welfare or injurious to other property;
2. The conditions upon which the request is based are unique to the property for which the relief
is sought and are not applicable generally to other property;
3. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, distinguished from
a mere inconvenience, if the strict letter of these regulations is carried out; and
4. The relief sought will not in any manner vary the provisions of the development code, town
master plan or other town law, except that those documents may be amended in the manner
prescribed by law.
C. The variance criteria set forth in this section shall control over the variance criteria set forth in
section 9-1-11 of this title. (Ord. 21, Series 2007)
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9-12-14: VIOLATIONS; PENALTIES; ENFORCEMENT:
A. It shall be unlawful and a misdemeanor offense for any person to fail to comply with the
requirements of this chapter. Every person convicted of a violation of any provision of this
chapter shall be punished as provided in title 1, chapter 4 of this code.
B. In addition to other remedies available to the town, the town may commence an action pursuant
to section 1-8-10 of this code to enjoin the alleged violation of any provision of this chapter, or to
compel compliance with any provision of this chapter. Any remedies provided for in this chapter
shall be cumulative and not exclusive, and shall be in addition to any other remedies provided
by law. (Ord. 21, Series 2007)
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ARTICLE 070.140
Exterior Lighting Standards
070.140.010
Purpose
070.140.020
Definitions
070.140.030
Non -conforming Lighting
070.140.040
Creation of Lighting Districts
070.140.050
General Requirements
070.140.060
Exemptions and Variances
070.140.070
Lighting Standards - Districts 1 and 2
070.140.080
Lighting Standards - Districts 3 and 4
070.140.090
Parking Lot Lighting
070.140.100
Exterior Display/Sales Areas
070.140.110
Security Lighting
070.140.120
Street Lighting
070.140.130
Lighting of Gasoline Station/Convenience Store Aprons and Canopies
070.140.140
Lighting of Exterior Sports/Performance Facilities
070.140.150
Illumination of Walkways and Park Areas
070.140.160
Illuminated Signs, Government Flags and Works of Art
070.140.170
Building Facade Lighting
070.140.180
Prohibited Lights
070.140.190
Enforcement
070.140.010 Purposes.
(a) The residents of the City value the City's mountain setting, including the ability to view the stars against a
dark sky. They recognize that good outdoor lighting at night benefits everyone. It increases safety, enhances
the City's nighttime character and helps provide security. Inappropriate and poorly designed or installed
exterior lighting causes unnecessary glare, unsafe conditions and diminished enjoyment of the nighttime sky,
and may even compromise a facility's security. Excessive light also results in the unnecessary use of energy.
(b) The purpose of this Article is to promote and protect the public health, safety and welfare by reducing the
problems created by improperly designed and installed outdoor lighting while recognizing the philosophical
values of "dark night sky," "small town" atmosphere and "quality of life." Additionally, this Article is
designed to promote decreased light pollution and increased energy efficiency. It is recognized that there are
both subjective and objective aspects to this subject. This Article is consistent with the City's desire to
maintain and promote overall architectural quality as identified in the City's adopted Comprehensive Plan.
(c) Regulations set forth in this Article apply to exterior lighting installed after the effective date of the
ordinance codified herein. For regulations applying to existing exterior lighting, please refer to Section
070.140.030.
(d) All property owners using exterior lighting are urged to consider the impacts of their lighting on their
neighbors' privacy. (Ad 51-01 § 1)
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(Ad 51-01 §1)
070.140.020 Definitions.
For the purposes of this Article, certain terms are defined as follows:
Facade lighting means the illumination, from either internal or external light sources, of part or all of one (1)
or more surfaces of a structure resulting in increased off-site visibility of the structure.
Fixture height or mounting height means that the 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.
Floodlight means a light fixture equipped with a reflector or reflector type bulb designed to broadly light a
scene or object with minimal control. The beam spread of floodlights may range from "spot" lights of ten
(10) to twenty (20) degrees to "floods" with angles of thirty-five (35) or more degrees.
Flush -mounted or recessed luminaire means a luminaire that is mounted above the ceiling (or behind a wall
or other surface) with the opening of the luminaire even with the surface.
Foot-candle (fc) means a measure of light falling on a given surface or a unit of illumination of a surface that
is equal to one (1) lumen per square foot. One (1) foot-candle is equal to the amount of light generated by
one (1) candle shining on a square foot surface one (1) foot away. Foot-candles can be measured both
horizontally and vertically by a foot-candle or light meter. Foot-candles shall be measured at grade level by a
digital light meter, unless otherwise noted in this Article.
Full cut-off fixture means a luminaire light distribution where a maximum of two and one-half percent
(2.5%) of the total lamp lumens may be emitted ninety (90) degrees above the lowest point of a sphere; a
maximum of ten percent (10%) of the total lamp lumens may be emitted between eighty (80) and ninety (90)
degrees above the lowest point of a sphere; and ninety percent (90%) of the total lamp lumens must fall
below eighty (80) degrees of the lowest point of a sphere.
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 and adjusted 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 means an intense light which is overpowering and visually unpleasant.
High intensity discharge light source (HID) means a light source 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.
Illuminating Engineering Society of North America (IESNA). The Illuminating Engineering Society of
North America is an association of professionals in the field of lighting and related professions. Its
membership is made up of engineers, architects, designers, manufacturers, contractors, distributors, utility
personnel, educators, students and scientists. This forum, organized for the exchange of ideas and
information, has been in existence for over eighty (80) years.
Lamp means a bulb, an outer glass envelope and metal base enclosing a filament or arc tube and electrodes.
Light trespass means the shining of light produced beyond the boundaries of the property on which it is
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located, where light is produced by a light fixture or reflected light.
Linear lighting means the use of visible or concealed light sources, including Neon tubes, fluorescent tubing
and other surface -mounted or recessed light sources which describe or outline the features of a structure such
as the roofline, all or part of the perimeter, the fagade, walls, soffit or other structural component, which
results in the attraction of attention to the feature or structure. Lighting of drive -under canopies with a light
band a maximum of ten (10) inches in width and which emit a light level of one and one-half (1.5) foot-
candles or less, measured ten (10) feet from the source, are exempted from this definition.
Lumen means a measure of light energy generated by a light source. Manufacturers list lumen ratings for all
their lamps. Average lumen ratings are slightly lower than initial lumen ratings, as all light sources produce
less light as they age.
Luminaire means a complete lighting unit, consisting of a lamp, reflector, refractor or lens, wiring and
sockets. It is often referred to as a fixture.
Nadir means the lowest point of a sphere.
Non -cut-off fixture means a luminaire light distribution which only controls the distribution of lamp lumens
through the uses of a segmented lens covering the lamp, such as frosted or prismatic lenses which may defuse
light.
Point light source means the exact place from which illumination is produced (i.e., a light bulb filament or
discharge capsule).
Reflected light means the light that is reflected off surfaces, becoming a secondary light source.
Semi cut-off fixture means a luminaire light distribution which allows twenty percent (20%) of the total lamp
lumens to shine above eighty (80) degrees and ten percent (10%) above the horizontal ninety (90) degrees.
Uniformity ratio means the ratio of average illumination to minimum illumination (unless noted otherwise).
Vertical foot-candles means a measurement of illuminance intensity on a vertical surface, such as a wall or
billboard. (Ad 51-01 § 1)
(Ad 51-01 § 1)
070.140.030 Nonconforming Lighting.
(a) Applicability_. Regulations in this Section apply to exterior lighting in place as of the effective date of
this Article.
(b) Time limits:
(1) Exterior lighting within Districts 1 and 2 and exterior lighting for nonresidential uses in
Districts 3 and 4 shall be extinguished within one (1) hour of the close of business or servicing or
by 10:00 p.m., whichever is later, except for sports and performance facilities and for security
lighting.
(2) Lighting of sports and performance facilities shall be extinguished within one-half ('/a) hour
after the end of the event.
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(3) Security lighting is exempt from time limits, provided that it meets all requirements of
Section 070.140.110, with the exception that permitted light levels may exceed those provided
for in Section 070.140.110 pursuant to Subsection (d) below.
(c) Fixture modification. The purpose of this requirement is to substantially reduce the present levels of
glare and light trespass. Wherever present within Districts 1 and 2 and also for nonresidential uses in
Districts 3 and 4, the following types of lighting fixtures shall be modified as described by, but not limited to,
those modifications suggested below. Modifications proposed but not listed below must meet the intent and
purpose of this Article by reducing levels of glare and light trespass.
Type of Fixture
Modification
a. Unshielded wall packs
Shield outward -facing lens surfaces.
b. Pole/building-mounted floodlights
Reorient light fixture to shine downward to substantially eliminate glare
and trespass.
c. Drop lens, under canopy
Shield outward -facing lens.
d. Drop lens, pole -mounted
Replace lens with flush lens if possible, or replace entire fixture with fully
shielded fixture.
e. Up -lit sign
Convert to down -lit or extinguish.
f. Up -lit building fagade
Comply with Section 070.140.170, Building fagade lighting.
g. Exposed fluorescent
Shield or extinguish.
h. Coach lights
Replace clear glass with frosted glass and replace bulbs with lower -
wattage frosted bulbs.
(d) Notification/time limits for modifications. Within ninety (90) days of adoption of the ordinance codified
herein, the City shall mail to all licensed businesses and governmental entities within the City a survey form
to be returned to the City within sixty (60) days to determine if existing lighting needs to be modified in
accordance with this Section. Notified businesses and governmental entities shall have one (1) year from
either the date the survey form was returned or sixty (60) days from the date the survey was mailed by the
City, whichever is later, to complete the retrofit modifications as needed. Notified persons may request
assistance from the Community Development Department in determining retrofit options.
(e) Light levels. Maximum light levels within properties in Districts 1 and 2, except sports and performance
facilities, may exceed maximum levels for new construction by fifty percent (50%).
(f) Light trespass. Maximum light trespass emanating from properties in Districts 1 and 2, except for sports
and performance facilities, may exceed maximum levels outlined in Section 070.140.050 by fifty percent
(50%).
(g) Expansion of existing parking areas. Existing lighted parking areas that are proposed to be expanded by
more than twenty-five percent (25%) of the total square footage of an on-site adjacent parking area shall be
required to retrofit the existing parking lot lighting to comply with the standards described in Section
070.140.090. For expansions below twenty-five percent (25%), only the new parking area shall be required
to meet the standards in Section 070.140.090.
(h) Prohibited lighting. The following types of lighting, which may exist on the effective date of the
ordinance codified herein, are prohibited and must be removed within one (1) year of the effective date of the
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ordinance codified herein.
(1) Lights which flash, move, revolve, blink, flicker, vary in intensity, change color or use
intermittent electrical pulsation.
(2) Mercury vapor and low-pressure sodium lighting.
(3) Bare bulb flood and spotlights (PAR type).
(4) Linear lighting as defined in Section 070.140.020.
(i) Linear lighting_
(1) Existing linear lighting shall be permitted on commercial properties as it existed on
November 1, 2001. Each owner of a business or property which has linear lighting shall, within
sixty (60) days of adoption of the ordinance codified herein, submit to the Community
Development Department a written description of the type, kind and placement of linear lighting
on his/her property or business. Failure to do so shall result in the linear lighting being
prohibited pursuant to Subsection (g) above.
(2) No additions, modifications or expansions of existing linear lighting shall be permitted. In
the event linear lighting is not used for a period of ninety (90) days, or there is a change of use of
the property on which the linear lighting exists, the use of such linear lighting shall be deemed
abandoned and its use prohibited pursuant to Subsection (g) above.
0) Property owners retrofitting their lighting shall request an on-site review of their property by the Building
Official to determine compliance. The Building Official shall issue a certificate of compliance upon a
determination that the retrofitting meets the terms and conditions of this Section.
(k) Existing residential properties will be required to comply with this Article within sixty (60) days of
notification by City staff if staff determines there exists light trespass or glare beyond the boundaries of the
subject property.
(1) Development application approvals which included conditions of approval requiring compliance with the
draft lighting regulations are deemed to be in compliance with the terms and conditions of this Article. (Ad
51-01 §1)
(Ad 51-01 § 1)
070.140.040 Creation of Lighting Districts.
For purposes of this Article, the zone districts within the City are categorized into the following four (4)
lighting districts:
(1) Lighting District 1 shall consist of the following zone districts:
a. C/3, General Commercial.
b. I/1, General Industrial.
c. I -PUD, Industrial PUD.
(2) Lighting District 2 shall consist of the following zone districts:
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a. C-1, Limited Commercial.
b. I/L, Light Industrial and Office.
c. I/2, River Industrial.
d. C -PUD, Commercial PUD.
(3) Lighting District 3 shall consist of the following zone districts:
a. R/3, Multi -Family Residential.
b. R/4, Residential Transitional.
c. C/2, Core Commercial.
d. C/4, Resort District.
e. R/3 -PUD, Multi -Family Residential PUD.
f. R/4 -PUD, Residential Transitional PUD.
(4) Lighting District 4 shall consist of the following zone districts:
a. HP, Hillside Preservation.
b. R/1/40, Single -Family Residential.
c. R/1/20, Residential.
d. R/1/7.5, Residential.
e. R/1/6, Single -Family Residential.
f. HP -PUD, Hillside Preservation PUD.
g. R/1 -PUD, Single -Family Residential PUD.
h. R/2 -PUD, Limited Multi -Family Residential PUD. (Ad 51-01 §1)
i. R/2 Limited Multi -Family Residential. (Ad 4-07 §2)
(Ad 51-01 §1)
070.140.050 General Requirements.
(a) General requirements outlined below apply to all properties within Lighting Districts 1, 2 and 3.
(b) Lighting reviews and lighting -plans. Lighting plans as shown in Exhibit 1, are useful tools to estimate
light levels produced with proposed lighting layouts and designs. Photometric reports (lighting fixture
performance) are frequently available from light fixture manufacturers and lighting designers/consultants that
utilize these reports when developing lighting plans.
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(1) A lighting plan shall be submitted for any new development, subdivision or zoning action
application for a property as outlined in this Title 070, except as noted in Subsection
070.140.050(b)(2) below. Lighting plans shall include the following information:
a. A site plan drawn to a scale of one (1) inch equaling no more than twenty (20)
feet showing buildings, landscaping, parking areas and all proposed lighting fixtures;
b. Specifications for all proposed lighting fixtures, including photometric data (See
Exhibit 1), designation as IESNA "cut-off" fixtures, wattage and types of all lamps
(bulbs), and other descriptive information on the fixtures;
c. The location and height above grade of light fixtures;
d. The type (such as incandescent, halogen, high pressure sodium) and luminous
intensity of each light source;
e. The type of fixture (such as full cut-off, cut-off, lantern, coach light, wall pack);
f. Estimates for site illumination resulting from the lighting, measured in foot-
candles; minimum, maximum and average foot-candles shall be listed (See Exhibit 1
for examples);
g. If building walls are to be illuminated or if fagade-mounted fixtures are to be
used, drawings of all relevant building elevations showing the fixtures and the
portions of the walls to be illuminated and light levels;
h. Other information deemed necessary to document compliance with the provisions
of this Article.
i. Items a. through h. of this Section may be waived at the discretion of the
Community Development Director for Lighting District 3.
(2) Properties in Lighting District 4 will not be required to submit a lighting plan per Paragraph
(1) above as long as the following conditions are met:
a. There is not more than one (1) freestanding lighting fixture installed, i.e., not
attached to a building structure.
b. Installed lighting meets other requirements of this Article.
(3) New signs, or modifications to existing signage which require a sign permit as outlined in
Article 070.060, shall comply with the requirements in Section 070.140.160 of this Article.
(c) All properties. Light pollution abatement; light trespass and controls.
(1) Light trespass: It is desired that the level of light trespass be none (i.e., zero [0]) foot-
candles; however, the following are the maximum levels allowed.
a. How measured: Light trespass shall be measured at grade level unless otherwise
noted. Two (2) measurements shall be taken, one (1) at any point along the property
line (point A) and one (1) ten (10) feet (measured perpendicular to property line)
onto the property being trespassed (point B). Where grade changes or obstructions
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prohibit measurements at the same level, measurements shall be taken on the same
horizontal plane. The measurements shall be made in the same mode, i.e., reading
vertically or horizontal.
b. Maximum measured light levels at the property line (point A) and the maximum
measured light levels for setback (point B) shall not exceed the levels shown in
Table B 1.1.
1. Where properties are separated by a city street in Districts 1 and 2,
the trespass levels shown in Table B 1.1 may be exceeded on the street;
however, the levels in Table B 1.1 shall apply at the property line across
the street.
2. Where properties are separated by city streets in District 3, the
trespass levels shown in Table B 1.1 may be exceeded on streets in the
C/2 zone only. Where C/2 zoning is across the street from other zoning
or lighting districts, the levels in Table B 1.1 shall apply at the center
line of the street.
3. The maximum light level for light trespass in any district that
borders a different district shall be the lower of the two (2), along that
border only. Where separated by a public street or right-of-way, the
levels shall apply at the center line of the street adjacent to the light
source.
TABLE BU
Light Trespass
c. Cumulative light readings: Light sources from a property shall be
cumulative of all sources, except internally illuminated signs, under the
occupant's/owner's control. Sources of light not under his/her control
(i.e., street lights), however, shall be subtracted from the total readings
when determining compliance.
d. Light trespass shining on a vertical plane shall be measured with the
meter parallel to and on the plane at the brightest point. The maximum
vertical trespass on a building or structure shall be as shown in Table
B1.1.
e. Street lighting under the control of the City shall be exempt from the
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HORIZONTAL
VERTICAL/REFLECTED
Districts
POINT A
POINT B
POINT A
POINT B
District 1
5.0 fc
3.0 fc
2.0 fc
1.0 fc
District 2
5.0 fc
3.0 fc
2.0 fc
1.0 fc
District 3
0.5 fc
0.2 fc
0.4 fc
0.2 fc
District 4
0.3 fc
0.1 fc
0.2 fc
0.1 fc
c. Cumulative light readings: Light sources from a property shall be
cumulative of all sources, except internally illuminated signs, under the
occupant's/owner's control. Sources of light not under his/her control
(i.e., street lights), however, shall be subtracted from the total readings
when determining compliance.
d. Light trespass shining on a vertical plane shall be measured with the
meter parallel to and on the plane at the brightest point. The maximum
vertical trespass on a building or structure shall be as shown in Table
B1.1.
e. Street lighting under the control of the City shall be exempt from the
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above requirements; however, every effort shall be made to comply
with the vertical trespass requirements.
f. Lighting in compliance with light trespass requirements at the time of
installation shall not be deemed to be out of compliance if an adjacent
property owner adds to, remodels or changes occupancy to his/her
property.
g. Lighting measurements shall be taken under normal conditions.
Measurements to determine compliance shall not be taken when
conditions are present that will influence the outcome of measurements
such as snow, snowpack, rain, fog or other conditions.
(2) Controls. To minimize the amount of excess, unnecessary lighting at night, the use of
motion sensors and/or photocell/timers to control duration of nighttime illumination is
encouraged and for some applications required.
a. Motion sensors: These mechanisms are the preferred method of 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 following the last
detection of motion. These devices are only permitted where the sensor is triggered
by activity within the owner's property lines and should be used with incandescent,
fluorescent or halogen lamps.
b. Timer/photocell combinations: These are also a preferred method for control
when used for nighttime control at a primary point of entrance (i.e., front entries)
and at commercial and industrial properties. These activate the light source at dusk
and turn lighting off at a selected time.
c. Photocells: These mechanisms are discouraged, except as noted in Subsection
070.140.080(a)(5), since they illuminate a property for the entire night (i.e., they are
activated by sunlight, turning lights on at dusk and off at dawn.)
d. Timers: These mechanisms are discouraged unless they automatically adjust for
changes in sunset and sunrise times.
(3) Electrical service. New electrical service shall be placed underground unless the fixtures are
directly mounted on utility poles.
(4) Upon adoption of this Article, light levels in all areas of the City shall be reduced as activity
decreases. Owners are encouraged to extinguish their lights as soon after the close of business as
possible. It is required that all lighting, except lighting specifically exempted in this Article
(such as security lighting), shall be extinguished one (1) hour after the close of business or
servicing, or 10:00 p.m., whichever is later. (Ad 51-01 §1)
(Ad 5 1 -01 § 1)
070.140.060 Exemptions and Variances.
(a) Permitted exemptions:
(1) Holiday lighting which is of a temporary nature and does not to exceed sixty (60) days of
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continuous use. Holiday lighting shall not create a dangerous glare to motorists or shine onto
adjacent properties.
(2) Special community events that have been issued a special community events permit shall be
allowed temporary lighting for the duration of the community event, provided that such lighting
does not create a dangerous glare to motorists or shine onto adjacent properties.
(b) Variance procedure:
(1) Variance requests shall be formalized by submission of a lighting plan that meets the
requirements of Subsection 070.140.050(b)(1), along with other required information as outlined
in Section 070.040.050(e), including a variance request letter to the Planning and Zoning
Commission three (3) weeks prior to the regularly scheduled meeting date of the Commission.
(2) If the Community Development Director determines that the expertise of a certified lighting
consultant is needed to provide expertise to the Planning and Zoning Commission, the City shall
have the option of hiring a professional lighting consultant, funded by the applicant, unless the
second opinion indicates results which corroborate the findings of the original consultant, in
which case the fee will be reimbursed to the applicant.
(3) The request will be considered and may be granted by the Planning and Zoning Commission.
(4) An applicant may appeal the decision of the Planning and Zoning Commission as outlined in
Section 070.010.050.
(5) An appeal of an administrative decision shall follow the procedures outlined in Subsection
070.010.050(b)(1).
(6) Variances shall be reviewed in accordance with the following standards and procedures:
a. Compliance with the purposes and intent of this Article.
b. Submission of a complete lighting plan in accordance with Subsection
070.140.050(b)(1).
c. Any special conditions; circumstances; site characteristics; hardships other than
economic hardships; that warrant the exemption and/or appropriate conditions of
approval.
d. The Planning and Zoning Commission may take action on the variance in
accordance with the procedures as outlined in Section 070.040.050.
(Ad 51-01 §1; A 13-06, §2)
070.140.070 Lighting Standards, Districts 1 and 2.
(a) The lighting standards below are applicable to lighting that is not specifically addressed elsewhere in this
Article. Said lighting shall meet the following requirements:
(1) Glare: Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas or
buildings shall be designed and installed to avoid light glare and so that light trespass shall not
exceed the levels outlined in Table B 1.1 in Subsection 070.140.050(c) above.
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(2) Fixture type: Fixtures shall be fully shielded or shall be cut off (full cut-off is preferred).
(3) Light levels: Maximum on-site illumination, including spillage from doorways, signs and
windows, shall not exceed ten (10) foot-candles, unless allowed in other sections of this Article.
(4) Time limits: Exterior lighting shall be extinguished within one (1) hour of the close of
business or servicing or 10:00 p.m., whichever is later, except for security lighting as outlined in
Section 070.140.110. Property owners are encouraged to extinguish lights as soon as possible
after their business closes.
(5) Decorative lighting: Low -wattage landscape lighting, shielded bollards and other hidden
light sources which create hidden effects may be appropriate for background lighting in certain
applications as addressed in Section 070.140.150.
(6) Height limits: Outdoor lighting shall be twelve (12) feet or less in height unless it is:
a. Street lighting installed and maintained as outlined in Section 070.140.120;
b. Fully shielded as described in this Article;
c. Lighting for parking and vehicle circulation areas, outdoor sales/display areas,
security or other types of lighting that is addressed elsewhere in this Article;
d. Building -mounted lighting directed downward at a sign or building fagade;
e. Lighting on above grade decks or balconies which are fully shielded; or
f. An exceptional situation exists where there is a demonstrated benefit for the
community which has been determined through the variance process.
(b) Prohibited lights and lighting. The following types of lighting are prohibited unless allowed elsewhere in
this Code:
(1) Unshielded lights, lamps or floodlights that produce glare and light trespass in excess of that
allowed per Table B 1.1 in Section 070.140.050(c) above.
(2) Lights which flash, move, revolve, blink, flicker, vary in intensity, change color or use
intermittent electrical pulsation, except in -season holiday lighting.
(3) Mercury vapor and low-pressure sodium lighting.
(4) Linear lighting as described in Section 070.140.020 of this Article.
(5) Upward directed lighting that allows spillage into the sky, unless allowed under other
sections of this Code.
(6) Fagade lighting unless allowed under Section 070.140.170. (Ad 51-01 § l )
(Ad 5 1 -01 §1)
070.140.080 Lighting Standards, Districts 3 and 4.
(a) The following lighting standards shall be applicable to properties located in Districts 3 and 4 unless
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specified elsewhere in this Article:
(1) All exterior lighting shall be designed and installed to avoid light glare and so that light
trespass shall not exceed the levels listed in Table B 1.1 in Section 070.140.050(c).
(2) Fixture types: Fully shielded light sources are recommended. Where unshielded fixtures are
used, they must conform to the following:
a. A fixture that allows light to escape above the horizontal (ninety [90] degrees
from vertical) must have frosted lenses or lamps and have a total light output of not
more than five hundred five (505) lumens (40 watts).
b. A fixture that does not allow light to escape above the horizontal must have
frosted lenses or lamps and have a total light output of not more than seven hundred
fifty (750) lumens (60 watts).
(3) Freestanding (i.e., not mounted on a building) outdoor lighting shall not be more than twelve
(12) feet above grade and shall be full cut-off type. Lights mounted on a building or structure
more than twelve (12) feet above grade shall be full cut-off type. Parking lot lighting shall
comply with the requirements outlined in Section 070.140.090.
(4) Residential property owners are encouraged to extinguish exterior lighting that is not being
used for security purposes as soon as outside activities are no longer taking place.
(5) Entrances to common areas: Photocells may be used in these locations for multi -family
properties to turn lights on at dark and to extinguish lights at dawn.
(6) Floodlight fixtures and lamps must be focused on the task, fully shielded, down -directed and
screened from adjacent properties in a manner that prevents glare and light trespass per Section
070.140.050.
a. Reflection from a floodlight off building or walls shall be screened or minimized.
b. Maximum intensity for a floodlight is two thousand (2,000) lumens per bulb and
four thousand (4,000) lumens total per fixture, with a maximum of two (2) bulbs per
fixture.
(b) The following are prohibited types of lighting in Districts 3 and 4:
(1) Unshielded lights, lamps, or floodlights that produce glare or light trespass in excess of that
allowed per Table B 1.1 in Section 070.140.050(c).
(2) Lights which flash, move, revolve, blink, flicker, vary in intensity, change color or use
intermittent electrical pulsation. In -season holiday lighting is exempted from this Paragraph.
(3) Mercury vapor and low pressure sodium lighting.
(4) Linear lighting as described in Section 070.140.020 of this Article.
(5) Upward -directed lighting that allows spillage into the sky, unless allowed under other
sections of this Code.
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(6) Fagade lighting unless allowed under Section 070.140.170. (Ad 51-01 §1)
(Ad 51-01 § 1)
070.140.090 Parking Lot Lighting_
Parking lot lighting, when used, shall be designed to provide adequate lighting necessary to ensure vision and
comfort in parking areas and so as not to cause glare or light trespass on adjacent properties or streets in
excess of that allowed in Table B 1.1 in Section 070.140.050.
(1) Fixtures: All lighting fixtures serving parking lots shall be full cut-off fixtures. (See Definitions in
Section 070.140.020.)
(2) Standards: Parking area lighting standards shall be as outlined in the various lighting districts as shown
in Table 1 below.
(3) Parking area lighting in low-density residential zones (District 4): Parking areas in District 4 shall not be
illuminated unless there exists on the property a unique condition which has received approval from the
Planning and Zoning Commission through the variance process. Parking lots at public facilities such as
schools, hospitals or civic and/or community centers which require exterior parking lot illumination shall
comply with lighting level standards as listed in District 3.
(4) Parking lots bordering Districts 3 and 4: Where a parking lot is located on a property in Districts 1 and 2,
which property shares a common lot line with a property located in Districts 3 and 4, lighting shall comply
with specifications for light levels and pole heights as noted in District 3.
(5) Time limits: Parking lot lighting shall be extinguished at 10:00 p.m. or one (1) hour after the close of
business, whichever occurs later, except for lighting for security purposes as outlined in Section
070.140.110. Owners and managers of parking lots are encouraged to extinguish parking lot lighting as soon
as possible after the close of business except for lighting which serves as security lighting as outlined in
Section 070.140.110.
Table 1
Standards for New Parking Lots Shall Be as Follows:
District 1*
District 2*
District 3*
District 4*
Zone District
C/3, I/1, I -PUD
C -PUD, CA,
R/3, RJ3-PUD, R/4,
HP, HP -PUD, R/1 -PUD,
I/L, I/2
R/4 -PUD, C/2, CA
R/1/40, R/1/20, R/l/7.5, R/1/6,
R/2, R/2 -PUD
Maximum Mounting
35 ft.
35 ft.
20 ft.
Not Allowed****
Height***
Minimum fc at ground level
0.7 fc
0.7 fc
0.3 fc
Not Allowed****
shall not be less than:
Maximum fc at ground level
7
7
3
Not Allowed****
shall not exceed:
Recommended
10:1
10:1
10:1
Not Allowed****
Maximum/Minimum
Uniformity Ratio:**
* See district descriptions in Sec. 070.140.040.
** In this case: Uniformity ratio is the ratio of maximum illumination to minimum illumination.
* * * Mounting height is the vertical distance between the surface being illuminated and the bottom of the lighting fixture.
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66 7/21/2015
**** Unless approved in accordance with paragraph (c) above.
(Ad 51-01 §1; A 13-06, §2)
070.140.100 Exterior Display/Sales Areas.
(a) This Section applies to commercial establishments that rely heavily on outdoor sales and display areas,
such as heavy equipment sales, recreational vehicle sales, automobile sales and sales of building materials.
Lighting levels in exterior display/sales areas shall be adequate to facilitate the activities taking place in such
locations. The applicant shall specifically designate areas to be considered display/sales areas separate from
those areas which will be used as parking or passive vehicle storage areas. This designation must be
approved by the Planning and Zoning Commission.
(b) Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the
requirements for parking lot lighting as noted in Section 070.140.090.
(c) Areas designated as exterior vehicle display areas shall comply with the maximum horizontal illuminance
and uniformity ratio as per Table 2 below. This standard is from IESNA R -P 33-99 Table 7: Illuminance
Levels for Car Dealerships — Main Business Districts (highly competitive).
Table 2
Location
Maximum Illuminance on Pavement (fc)
Maximum to Minimum Uniformity Ratio
Adjacent to Roadway
20
5:1
Other Rows
10
10:1
Entrances
10
5:1
Driveways
3
10:1
(d) All other exterior sales/display areas shall be restricted to a maximum of ten (10) fc.
(e) Light fixtures shall meet the definition for full cut-off fixtures and shall be located, mounted, aimed and
shielded so that direct light is not cast onto adjacent streets or properties.
(f) Fixtures shall be mounted no higher than parking lot pole height standard as per the appropriate district
outlined in Subsection 070.140.090(2).
(g) Lighting levels for exterior display/sales areas must be extinguished at the close of business or servicing
or 10:00 p.m., whichever is later, except for necessary security lighting as specified in Section 070.140.110.
(Ad 51-01 § 1)
(Ad 51-01 § 1)
070.140.110 Security Lighting.
(a) The purpose of and need for security lighting (i.e., lighting for safety of persons and property) must be
demonstrated as part of an overall security plan which includes illumination, surveillance and response, and
which specifically delineates the area to be illuminated for security purposes. The security lighting plan shall
be submitted as part of any development permit application package, or to the Community Development
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67 7/21/2015
Director for review and approval. Security lighting shall be allowed in all lighting districts.
(b) Applications for after-hours security lighting shall include a written description of the need for and
purposes of the security lighting; a site plan showing the area to be secured; and the location of all security
lighting fixtures, specifications of all fixtures, the horizontal and vertical angles in which light will be directed
and adequate cross-sections showing how light will be directed only onto the area to be secured.
(c) All security lighting fixtures shall be fully shielded and aimed so that illumination is directed only to the
designated area. In no case shall lighting be directed above a horizontal plane through the top of the lighting
fixture, and the fixture shall include shields that prevent the light source from being visible from adjacent
properties and roadways to the fullest extent practical.
(d) Security lighting may illuminate ingresses and egresses of buildings up to a level eight (8) feet above
grade or eight (8) feet above the bottoms of doorways, windows or entries, whichever is greater.
(e) Light trespass shall meet those requirements as outlined in Section 070.140.050(c)(1).
(f) Security lighting on a parcel in Districts 1 and 2 that shares a common lot line with a parcel located in
Districts 3 or 4 shall comply with specifications for light levels and maximum mounting heights as noted in
District 3.
(g) Security lighting for entrances, stairways and loading docks shall not exceed five (5) fc at the designated
area to be illuminated.
(h) Parking lot lighting or display lighting may be incorporated into a security lighting plan for after-hours
security lighting if light levels do not exceed three (3) fc.
(i) Examples of acceptable security lighting techniques:
(1) Recessed lights under a canopy.
(2) Full cut-off fixtures on parking lot poles.
(3) Fully shielded wall packs or other fixtures.
(4) Floodlights which are down -directed, fully shielded, have a maximum height limit of ten
(10) feet and are controlled by motion detectors. (Ad 51-01 § 1)
(Ad 51-01 § 1)
070.140.120 Street Lighting_
(a) General: In general, street lights within the City shall comply with the following:
(1) Guidelines as published by the Illuminating Engineering Society of North America (IESNA),
provided that lighting levels do not exceed levels specified in the guidelines by more than two-
tenths (0.2) fc.
(2) The uniformity ratio shall not exceed that suggested by the IESNA guidelines.
(3) Mounting heights shall not exceed sixteen (16) feet for fixtures that do not protrude over
streets and thirty (30) feet for fixtures which do protrude over the street. The use of pedestrian -
friendly lighting is encouraged throughout the City.
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(4) Street lighting shall demonstrate compliance with IESNA standards for fixtures to be used;
the type and wattage of lamps (bulbs); the proposed mounting heights; and spacing. The street
lighting plan must demonstrate that the general standards of this Article will be met.
(5) Fixtures: All street lighting fixtures shall be "cut-off" fixtures as defined by the IESNA
Lighting Handbook, 8th Edition. If such fixtures are not "cut-off" fixtures as defined by IESNA,
the maximum initial lumens generated by each fixture shall not exceed sixteen thousand (16,000)
lumens.
(6) Location:
a. Street lights shall be located in the right-of-way.
b. When possible, streets which have a sidewalk along only one (1) side of the street
shall have street lights located on the same side of the street with the sidewalk.
(b) Applicability_
(1) New installations:
a. All new street lights shall comply with the general requirements as noted in
Subsection (a) above.
b. Street lights on private streets which are to be privately owned and maintained
are required to be part of an overall lighting plan that is subject to the approval of
the Public Works Director and Community Development Director. If the Directors
determine that the expertise of a professional lighting consultant/engineer is required
to determine compliance with this Article, the City shall have the option of hiring a
professional lighting consultant, selected by the City, funded by the applicant. If the
second opinion indicates results which corroborate the findings of the original
consultant, the fee for the second consultant will be reimbursed to the applicant.
(2) Existing street lights: Both public and privately owned and maintained street lights shall
come into full compliance with this Article as street lights are changed out or five (5) years from
the effective date of the ordinance codified herein, whichever occurs sooner. (Ad 51-01 § 1)
(Ad 51-01 § 1)
070.140.130 Lighting of Gasoline Station/Convenience Store Aprons and Canopies.
(a) Lighting levels on gasoline station/ convenience store aprons and under canopies shall be adequate to
facilitate the activities taking place in such locations. The Illuminating Engineering Society of North
America Outdoor Lighting Committee has reached a consensus on average illuminance for gas stations (See
Illuminating Engineering Society of North America Recommended Practice RP -33-99 for more details). The
light levels specified herein follow their recommendations.
(b) Areas on the apron away from the gasoline pump islands used for parking, as well as aprons without gas
pumps, shall be illuminated in accordance with the requirements for parking areas as noted in Section
070.140.090. Driveways and service areas other than pump islands shall be allowed a maximum illuminant
of four (4) fc.
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69 7/21/2015
(c) Canopies shall be illuminated so that the minimum horizontal illuminance at grade level is no more than
five (5) fc. The maximum horizontal illuminance under canopies shall be no more than twenty-five (25) fc.
(d) Light fixtures mounted on canopies shall be surfaced or recessed so that the lens cover is recessed or
flush with the bottom surface (ceiling) of the canopy or the fixture.
(e) Lights on top or sides: Lights shall not be mounted on the top or sides of the canopy. The sides (fascias)
of the canopy shall not be illuminated for any purpose, with the exception of internally illuminated signage
which shall comply with the provisions of Article 070.060, and with a lit band as noted under the definition
for linear lighting in Section 070.140.020. (Ad 51-01 § 1)
(Ad 51-01 § 1)
070.140.140 Lighting of Exterior Sports/Performance Facilities.
(a) Outdoor nighttime performance events (concerts, athletic contests, etc.) have unique lighting needs.
Illumination levels vary, depending on the nature of the event. The regulations in this Section are intended to
allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted
illumination of surrounding streets and properties, and reducing energy consumption.
(b) Design plan: A lighting design plan shall be submitted which shows in detail the proposed lighting
installation. The design plan shall include a discussion of the lighting requirements of various areas and how
these requirements will be met.
(c) Hours of operation: Lighting of the event (spotlighting or floodlighting, etc.) shall be turned off no later
than one-half (1/2) hour after the end of the event.
(d) Prim ary_planning areas: Where planning fields or other special activity areas are to be illuminated,
lighting fixtures shall be specified, mounted and aimed no higher than sixty-two (62) degrees up from vertical
so that their beams fall within the primary playing area and immediate surroundings, and so that no direct
illumination is directed off the site.
(e) Parking areas: Lighting for the parking areas shall meet the requirements outlined in Section
070.140.090.
(f) Pedestrian areas: Areas intended solely for pedestrian circulation shall be provided with a minimum level
of illumination of two-tenths (0.2) fc. The uniformity ratio of average illumination to minimum illumination
shall not exceed 4:1.
(g) Security lighting_ Security lighting shall meet the requirements in Section 070.140.110.
(h) In general, unless specifically addressed in this Article, lighting shall be consistent with the guidelines in
the IESNA Lighting Handbook, 9th Edition, available at the Community Development Department. (Ad 51-
01 §1)
(Ad 51-01 §1)
070.140.150 Illumination of Walkways and Park Areas.
Where special lighting is to be provided for walkways, bikeways or parks, the applicant must first apply for
and receive approval from the Public Works Director via the submission of a lighting plan as outlined in the
exemption process in Section 070.140.060. Illumination for walkways and park areas must comply with the
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70 7/21/2015
following specifications:
(1) The walkway, pathway or ground area may be illuminated to a minimum level of no more
than two-tenths (0.2) fc and to a maximum level of two (2.0) fc, and shall be designed to direct
light down.
(2) In general, unless specifically addressed in this Article, lighting shall be consistent with the
guidelines presented in the IESNA Lighting Handbook, 9th Edition. (Ad 51-01 § 1)
(Ad 51-01 §1)
070.140.160 Illuminated Signs, Flags, Works of Art.
The following regulations are applicable to all signs, government flags and works of art. These regulations
are in addition to sign and flag regulations as addressed in Article 070.060.
(1) Signs, government flags and works of art should not be lighted so as to create glare or unduly
illuminate the surrounding area. Signs may be illuminated only during hours that the business
being advertised is open and customers are being serviced, or until 10:00 p.m., whichever is
later. Uplighting of works of art and flags is permitted, with a limit of two (2) fixtures per flag or
art item with a maximum of nine thousand (9,000) lumens per fixture. The fixtures must be
shielded such that the light source is not visible outside a fifteen -foot radius.
(2) The applicant shall provide sufficient technical and design information with a sign permit
application, to demonstrate that the following provisions are met:
a. Externally illuminated signs.
1. The maximum level of illumination on the vertical surface of the
sign, measured at the brightest point, ten (10) feet from the surface of
the sign, shall not exceed five (5.0) fc.
2. To the extent practicable, fixtures used to illuminate signs shall be
top -mounted and directed downward (i.e., below the horizontal), and
the light source shall not be directly visible from adjacent streets.
b. Internally illuminated signs: Illumination on the surface of the sign, measured at
the brightest point, ten (10) feet from the surface of the sign, shall not exceed five
(5.0) fc or equivalent. For boxed, internally lit signs, backgrounds with dark colors
and light-colored lettering are encouraged. (Ad 51-01 § 1)
(Ad 51-01 §1)
070.140.170 Building Facade Lighting.
(a) Lighting Districts 1 and 2: In Lighting Districts 1 and 2, building facades may be illuminated if the
illumination is part of and adds to the overall design of the building, adds to the visual quality of the
surrounding neighborhood and does not produce dangerous or annoying glare or illumination of nearby
streets or properties. Fagades that face Districts 3 and 4 that do not have a primary public entrance shall not
be illuminated.
(b) Lighting Districts 3 and 4: In Lighting Districts 3 and 4, building fagades and roofs shall not be
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71 7/21/2015
illuminated except for those structures having exceptional symbolic or historic significance in the
community. Existing lighting on structures which are listed with the National Registry of Historic Buildings
as of the date of adoption of this Article are exempt from the provisions of this Section.
(c) Standards: When building fagades are to be illuminated, a design for the illumination shall be reviewed
and approved by the Community Development Director and shall meet the following specific provisions:
(1) The maximum level of illumination, reflected from the surface of a building at a distance of
ten (10) feet perpendicular to the illuminated surface shall not exceed one and one-half (1.5)
foot-candles.
(2) Lighting fixtures shall be carefully located, aimed and shielded so that light is directed only
onto the building facade. Lighting fixtures shall not be directed towards streets or roads, other
properties or the sky.
(3) All building fagade lighting shall be turned off at 10:00 p.m. (Ad 51-01 §1)
(Ad 51-01 §1)
070.140.180 Prohibited Lights.
This Section identifies applications of lighting which cause glare, decrease our ability to see in dark or low-
level ambient light environments or produce unattractive lighting environments. Existing lighting which falls
under the classification of prohibited lights will be removed within one (1) year of the effective day of the
ordinance codified herein.
(1) Light sources shall not be affixed to the top of the roof, except where required by building
code requirements. Lights required per building code requirements should, to the greatest extent
possible, be down -directed, low-level lighting that is shielded while still addressing the intent of
the building code.
(2) Unshielded light sources or floodlights, including building -mounted floodlights, are
prohibited except as addressed in Subsection 070.140.080(x)(6).
(3) Lights which flash, move, revolve, blink, flicker, vary in intensity, change color or use
intermittent electrical pulsation are prohibited.
(4) Mercury vapor and low-pressure sodium lighting is prohibited.
(5) Linear lighting as defined in Section 070.140.020 shall be prohibited, with the exception of
linear lighting used as text for signage as signs are defined in Title 070.060. (Ad 51-01 § 1)
(Ad 51-01 §1)
070.140.190 Enforcement.
(a) The City shall enforce the provisions of this Article in accordance with Section
010.020.080. In the case of repetitive enforcement for repeat offenses, the City may impose
special inspection fees.
(b) Light levels taken for enforcement of this Article shall be taken with a digital light meter that
has been calibrated by the manufacturer or instrument lab within the previous twelve (12)
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72 7/21/2015
months and has a certificate of calibration indicating such.
(1) Digital light meters must be capable of accurately measuring the type of light
being measured, or appropriate multipliers for different types of light shall be
applied per the manufacturer's specifications.
(2) Meter reading may be made either in foot-candles or Lux. When readings are
made in Lux mode, they shall be converted to foot-candles where ten (10) Lux
equals one (1) foot-candle.
(c) If any part, section, subsection, sentence, clause or phrase of this Article is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Article, and the City Council hereby declares it would have passed this Article and each part,
section, subsection, sentence, clause or phrase thereof regardless of the fact that any one (1) or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
(d) This Article shall apply to all property within the boundaries of the City. (Ad 51-01 §1)
(Ad 51-01 § 1)
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Park City
74 7/21/2015
(I) LIGHTING.
(1) PURPOSE. The functional
objectives in providing exterior Area
lighting are to illuminate Areas
necessary for safe, comfortable and
energy efficient Use. The number of
fixtures shall be limited to provide
for safe entry and egress and for sign
and Business identification.
Illumination of new Building
features for architectural
enhancement is prohibited. Historic
Structures may be illuminated under
the terms prescribed in this Code.
With the exception of Americans
with Disabilities Act lighting
requirements, the minimum lighting
standards generally applied and
recommended by the Illuminating
Engineering Society of North
America (IES), are observed by this
Code.
(2) CONFORMANCE WITH
APPLICABLE CODES. All
outdoor electrically powered
illuminating devices shall be
installed in conformance with the
provisions of this Code, the
International Building Code, the
Electrical Code, and the Sign Code
under the appropriate permit and
inspection. When discrepancies in
these Codes exist, the most
restrictive shall apply.
(3) APPROVED MATERIALS
AND METHODS OF
75
CONSTRUCTION OR
INSTALLATION/OPERATION.
The provisions of this Code are not
intended to prevent the Use of any
design, material or method of
installation or operation not
specifically prescribed by this Code,
provided any such alternate has been
approved. The Chief Building
Official may approve any such
proposed alternate providing he/she
finds that:
(a) The alternative
provides approximate
equivalence to the applicable
specific requirement of this
Code;
(b) The alternative is
otherwise satisfactory and
complies with the intent of
this Code; or
(c) The alternate has been
designed or approved by a
registered professional
engineer and the content and
function promotes the intent
of this Code.
(4) SUBMISSION OF PLANS
AND EVIDENCE OF
COMPLIANCE WITH CODE.
(a) The Applicant for any
permit required by any
provisions of the laws of this
jurisdiction in connection
with proposed work
involving outdoor lighting
fixtures shall submit, as part
7/21/2015
of the Application for permit,
the adequacy of
evidence that the proposed
lighting over the
lighting fixtures and Light
entire Site.
Source will comply with this
Code. The submission shall
Additional information may
contain the following:
be required elsewhere in the
laws of this jurisdiction upon
(i) Plans
Application for the required
indicating the location
permit.
on the premises, and
the type of
(b) Lamp or Fixture
illumination devices,
Substitution. On
fixtures, lamps,
commercial Structures if any
supports, reflectors,
outdoor light fixture or the
and installation and
type of Light Source therein
electrical details;
is proposed to be changed
after the permit has been
(ii) Description of
issued, a change request must
illuminating devices,
be submitted to the Planning
fixtures, lamps,
Department for approval.
supports, reflectors,
Adequate information to
and other devices.
assure compliance with this
The description may
Code must be provided and
include, but is not
the request must be received
limited to, catalog
prior to substitution.
cuts by
manufacturers, and
(5) SHIELDING. All non -
drawings, including
exempt outdoor lighting fixtures
section where
shall have shielding as required by
required;
Table 1 of this Chapter below.
(iii) Photometric
(a) Historic District
data, such as that
Shielding and Fixture
furnished by
Exemption. Fixtures in the
manufacturers or
HR -L, HR -1, HR -2, HCB,
similar showing the
HRM, and HRC Zoning
angle of the cut off or
Districts that replicate a
light emission. A
Historic fixture shall be
point by point light
permitted to be installed
plan may also be
without partial shields with
required to determine
the approval of the Planning
76 7/21/2015
Director. All fixtures shall be
filtered and refractors that
direct the light downward
shall be installed if the bulb is
exposed.
Historic fixtures that are fifty
(50) years or older and
contribute to the architectural
and cultural character of the
Historic District, are exempt
from these requirements.
Architectural features on
Historic Structures may be
illuminated with fully
shielded fixtures.
Table 1
(6) WATTAGE/FIXTURE
AND LIGHT SOURCE
REQUIREMENTS. Wattage,
fixture and Light Source
requirements as outlined in the
following Table 1 apply to all zones
throughout the City:
Light Source
Fully Shielded
Partially Shielded
Watt (Maximum
Per Fixture)
High Pressure
x
50
Sodium 1
Low Pressure
x
55
Sodium
Metal Halide 2
x
1,500
Low Voltage/
x
50
Halogen 3
Compact
x
75
Fluorescent
Other Sources: As approved by the Planning Director
Note: "x" indicates the required standard.
1 This is the standard Light Source for Park City and Summit County unless otherwise
noted in a specific section. Fully shielded fixtures are preferred but not required with this Light
Source. Other sources are only permitted as noted. Residential porch lights and exterior garage
and post lights may utilize incandescent bulbs, provided that the bulbs are Shielded. Lighting for
77 7/21/2015
signs may use halogen bulbs, provided that they are Shielded and directed at the sign face.
Wattages outlined are the maximum and can be decreased under the Building Permit review
process depending on the number and location of the fixture on each project. In no case shall the
levels be reduced to levels below the Illuminating Engineering Society (IES) minimum standards.
2 Metal Halide sources shall be permitted only for recreational sport field or ski Area
Uses and installed only in one hundred percent (100%) fully enclosed Luminaries. Metal Halide
lights shall also be filtered.
3 Low voltage/halogen sources are permitted in landscaping lighting only.
(7) GAS STATION
CANOPIES. Gas station canopies
may not exceed an average
horizontal luminance level of eight
(8) Foot Candles across the Site and
the maximum point levels should not
exceed fifteen (15) Foot Candles
within the Area directly underneath
the canopy.
(8) AREA LIGHTING -
BUILDING CANOPY AND
SOFFIT, WALL MOUNTED.
Area, stand alone or wall mounted
fixtures shall not be mounted above
eighteen feet (18') as measured from
the top of the fixture to the adjacent
Grade or horizontal plane being lit by
the fixture. The horizontal
luminance level along the sidewalk
or Building Facade shall not exceed
one (1) Horizontal Foot Candle with
a uniformity ratio of 4:1.
(9) CONSTRUCTION SITES.
All commercial construction Sites
shall submit a lighting plan as part of
the Construction Mitigation Plan for
the project prior to Building Permit
issuance. Criteria for review shall
include duration, number, location,
height, Light Source, and hours of
operation.
(10) LANDSCAPE LIGHTING.
The primary function of landscape
lighting is to provide illumination for
pathways, steps, and entrances to
Buildings.
(a) Pathway Lighting.
Two types of lights can be
selected: Three foot (3')
bollards with louvers and ten
foot (10') pole mounted,
down directed Luminaries.
Bollard lights shall be low
voltage. The intent of
pathway lights is to provide
pools of light to help direct
pedestrians along the path,
not to fully illuminate the
path. Steps and path
intersections should be
illuminated for safety. The
maximum Foot Candle
permitted on the ground is
one (1) Horizontal Foot
Candle or less.
78 7/21/2015
(b) Highlighting,
Backlighting. Only low
voltage systems are
permitted. Lights must be
partially shielded and light
must not be directly off the
Property. A maximum Foot
Candle permitted at ten feet
(10') is 0.6 Horizontal Foot
Candles from the Light
Source. Up -lighting is
prohibited.
(c) Moonlighting. Low
voltage systems may be
placed in trees or on
Buildings to give the effect of
moonlight. Lights must be
down -directed and partially
shielded. A maximum Foot
Candle permitted at ten feet
(10') is 0.25 Horizontal Foot
Candle from the Light
Source. Up -lighting is
prohibited.
(11) RECREATIONAL
LIGHTING. Because of their
unique requirements for nighttime
visibility and their limited hours of
operation, baseball diamonds,
playing fields, tennis courts and ski
area runs may Use the Light Source
permitted under Table 1 above with
the following conditions and
exceptions:
(a) The height of outdoor
recreational posts shall not
exceed seventy feet (70')
above Natural Grade. The
79
average Horizontal Foot
Candle shall not exceed 3.6
across the Area boundary
with a uniformity ratio of 4:1.
Ski area lighting may require
higher illumination levels in
some instances. Those levels
shall be reviewed and
approved by the Planning
Commission under the
Conditional Use process
outlined in the LMC.
(b) All fixtures used for
event lighting shall be fully
shielded as defined in Section
(4) herein, or be designed or
provided with sharp, cutoff
capability, so as to minimize
up -light, spill light and glare.
(c) Recreational lighting
shall be turned off within
thirty (30) minutes of the
completion of the last game,
practice, or event. In general,
recreational lighting shall be
turned off after 11:00 p.m.,
unless an exception is granted
by the Planning Director for a
specific event or as approved
as part of a Master Festival
license.
(12) RESIDENTIAL
LIGHTING.
(a) All exterior lights on
porches, garage doors or
entryways shall be shielded to
prevent glare onto adjacent
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Property or public right of
ways and light trespass in to
the night sky. Lights shall be
directed at walkways or
entries and shall not be
directed into the night sky.
(b) Compact fluorescent
fixtures are the recommended
Light Source. High pressure
sodium and incandescent
bulbs may be permitted,
provided the wattage is low
and the light is Shielded and
down -directed.
(c) Bare bulb light
fixtures such as flood or
spotlights are not permitted.
(d) Lighting exterior
Building features for
architectural interest is
prohibited.
(e) Security lighting shall
be fully shielded and shall be
set on a timer or motion
detector. Infrared sensor
spotlights are the
recommended light type for
security.
(f) Private sport court
facilities shall Use fully
shielded fixtures and shall not
Use the lights past 11 p.m.
(13) SEASONAL DISPLAY OF
LIGHTS. Seasonal restrictions
apply to the HCB, GC, LI and HRC
so
zones. Residential Uses in the HR -1,
HR -2, E, HRL, SF, RM, R-1, RDM,
and RD zones are exempt from these
requirements. Winter seasonal
displays are permitted from the first
of November to the 15th of April per
the Park City Municipal Code.
Displays should be turned off at
midnight. Any color of lights may
be used; however, the lights shall not
be used to create advertising
messages or signs. Spelling out the
name of a Business is prohibited.
(14) OUTDOOR DISPLAY
LOTS. Any Light Source permitted
by this Code may be used for lighting
of outdoor display Lots such as, but
not limited to, automobile sales or
rental, recreational vehicle sales,
Building material sales, and seasonal
goods, provided all the following
conditions are met:
(a) All fixtures shall be
Fully Shielded as defined in
LMC Chapter 15-15.
(b) The maximum
horizontal illumination across
the Site shall not exceed an
average Foot Candle of two
(2) across the Site with a
uniformity ratio of 4:1.
(c) Display lighting shall
be turned off within thirty
(30) minutes of closing of the
Business. Lighting used after
11 p.m. shall be security
lighting. Security lighting
7/21/2015
shall be required to be motion
producing light directly by
sensitive not permanently
the combustion of natural gas
illuminated. Infrared sensor
or other fossil fuels are
security lights are the only
exempt from the
type of security light
requirements of this Code.
permitted.
(c) Up -lighting. Up -
(15) PROHIBITIONS. The
lighting is permitted under
following light fixtures and Light
the following conditions:
Sources are prohibited: mercury
vapor lamps, laser Light Sources,
(i) The use of
unshielded floodlights or spotlights,
luminaires for up -
metal halide, except for recreational
lighting on any
Uses, see Section (10), and
residentially or
searchlights.
commercial zoned Lot
or Property or within
(16) OTHER EXEMPTIONS.
a City ROW or Open
Space zone, is
(a) Nonconformance.
permitted only for
All other outdoor light
City -funded or owned
fixtures lawfully installed
statues, public
prior to and operable on the
monuments, ground —
effective date of the
mounted Public Art,
ordinance codified in this
or flags of the United
Chapter, including City
States of America.
owned or leased Street lights,
are exempt from all
(ii) All up -lighting
requirements of this Code.
shall be shielded
On commercial projects, all
and/or have beam -
such fixtures shall be brought
angle control and
into compliance with this
shall be aimed to limit
Code upon any Application
the directed light to
for any exterior Building
the illuminated object
Permit. On residential
only.
Structures, only new exterior
fixtures on remodels or new
(iii) Up -lighting is
additions must comply with
permitted thirty (30)
this ordinance.
minutes before sunset
and until 11:00 p.m.;
(b) Fossil Fuel Light.
or, one hour after the
All outdoor light fixtures
close of location
81 7/21/2015
based on normal
made a determination
hours of operations,
on the request.
whichever is later.
(b) Approval; Duration.
(17) TEMPORARY
The Planning Department
EXEMPTION.
shall have ten (10) Business
days from the date of a
(a) Requests. Any
complete submission of the
Person may submit a written
temporary request to act, in
request to the Planning
writing, on the request. The
Director for a temporary
Planning Department shall
exemption. A temporary
approve the request if it finds
exemption request shall
that the exemption is
contain the following
necessary for public safety,
information:
security or other public
necessity and the exemption
(i) Specific
does not materially subvert
exemption or
the purpose of this Chapter.
exemption request;
If approved, the exemption
(ii) Type and Use
shall be valid for not more
of outdoor light
than thirty (30) days from the
fixtures involved;
date of approval. The
approval shall be renewable
(iii) Duration of
by the Planning Director
time for requested
upon consideration of all the
exemption;
circumstances and provided a
finding of public safety or
(iv) Total wattage;
necessity is made, and no
intent to circumvent the
(v) Proposed
intent of this Chapter is
location on Site;
present. Each such renewed
(vi) Description of
exemption shall be valid for
event or reason for
not more than thirty (30)
need of exemption;
days.
and
(c) Denial/Appeal. If the
(vii) Other data as
request for a temporary
deemed necessary to
exemption is denied, the
adequately review and
Person making the request, in
writing, may appeal the
82 7/21/2015
decision to the Planning
Commission within ten (10)
days of the denial as provided
for in LMC Chapter 15-1.
(J) TRASH AND RECYCLING
ENCLOSURES. In addition to County
health standards, the following trash
enclosure design standards shall apply:
(1) Trash and storage Areas shall
be Screened by landscaping,
Fencing, berms or other devices
integral to overall Site and Building
design;
(2) Trash and storage enclosures
shall be designed and constructed of
materials that are Compatible with
the proposed or existing Building
and with surrounding Structures. The
enclosure's design, construction, and
materials shall be substantial and
consisting of masonry, steel, or other
materials approved by the Planning
and Building Department and
capable of sustaining active use by
residents and trash/recycling haulers.
The design shall, if physically
possible, include both a pedestrian
door and a truck door or gate;
(3) Trash and storage Areas shall
be well maintained including prompt
repair and replacement of damaged
gates, Fences and plants;
(4) Openings of trash enclosures
shall be oriented away from public
view or Screened with sturdy gates
83
wide enough to allow easy Access
for trash collection, where practical;
(5) The consolidation of trash
Areas between Businesses and the
Use of modern disposal techniques is
encouraged.
(6) Exception. These standards
shall not apply to existing Structures
that have been built with zero
Setbacks or when such enclosures
would negatively impact Access,
circulation, or snow removal efforts.
(K) MECHANICAL EQUIPMENT.
All electrical service equipment and sub -
panels and all mechanical equipment,
including but not limited to, air
conditioning, pool equipment, fans and
vents, utility transformers, except those
owned and maintained by public utility
companies, and solar panels, shall be painted
to match the surrounding wall color or
painted or Screened to blend with the
surrounding natural terrain. Roof mounted
equipment and vents shall be painted to
match the roof and/or adjacent wall color
and shall be Screened or integrated into the
design of the Structure. Minor exceptions to
Setback requirements for Screened
mechanical equipment may be approved by
the Planning Director where the proposed
location is the most logical location for the
equipment and impacts from the equipment
on neighboring properties, historic facades,
and streetscapes can be mitigated and roof
top mechanical placement and visual clutter
is minimized.
(L) PATIOS AND DRIVEWAYS. A
Building Permit is required for all non -
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bearing concrete flatwork, asphalt, and/or
any Impervious Surface, regardless of size or
area. This includes any repairs, alterations,
modifications, and expansion of existing
flatwork.
(M) LANDSCAPING. A complete
landscape plan must be prepared for the
limits of disturbance area for all Building
Permit applications and Historic District
Design Review projects for all exterior work
that impacts existing vegetation within the
limits of disturbance. The landscape plan
shall utilize the concept of Xeriscaping for
plant selection and location, irrigation, and
mulching of all landscaped areas. The plan
shall include foundation plantings and
ground cover, in addition to landscaping for
the remainder of the lot. The plan shall
indicate the percentage of the lot that is
landscaped and the percentage of the
landscaping that is irrigated. The plan shall
identify all existing Significant Vegetation.
Materials proposed for driveways, parking
areas, patios, decks, and other hardscaped
areas shall be identified on the plan. A list of
plant materials indicating the botanical
name, the common name, quantity, and
container or caliper size and/or height shall
be provided on the plan. Areas of mulch
shall be identified on the plan. Approved
mulches include natural organic plant based
or recycled materials. Stone -based mulch is
not permitted.
To the extent possible, existing Significant
Vegetation shall be maintained on Site and
protected during construction. When
approved to be removed, based on a Site
Specific plan, Conditional Use, Master
84
Planned Development, or Historic District
Design Review approval, the Significant
Vegetation shall be replaced with equivalent
landscaping in type and size. Multiple trees
equivalent in caliper to the size of the
removed Significant Vegetation may be
considered instead of replacement in kind
and size. Where landscaping does occur, it
should consist primarily of native and
drought tolerant species, drip irrigation, and
all plantings shall be adequately mulched.
Irrigated lawn and turf areas are limited to a
maximum percentage of the allowed Limits
of Disturbance Area of a Lot or Property that
is not covered by Buildings, Structures, or
other Impervious paving, based on the size
of the Lot or Property according to the
following table:
Lot Size
Maximum Turf or Lawn
Area as a percentage of the
allowed Limits of
Disturbance Area of the Lot
that is not covered by
Buildings, Structures, or
other Impervious paving
Greater than
25%
one (1) acre
0.50 acres to
35%
one (1) acre
0.10 acres to
45%
0.49 acres
Less than
No limitation
0.10 acres
Where rock and boulders are allowed and
identified on the Landscape Plan, these shall
be from local sources. All noxious weeds, as
identified by Summit County, shall be
removed from the Property in a manner
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acceptable to the City and Summit County,
prior to issuance of Certificates of
Occupancy.
(Amended by Ord. No. 06-56; 11-05; 12-37)
15-5-6. PERMITTED DESIGN
FEATURES.
Any design, or any material that is not
expressly prohibited by this Chapter, or a
resolution adopted to supplement it, or by
the Historic District Architectural Design
Guidelines are permitted.
15-5-7. EXCEPTIONS.
In some cases, the Planning Director may
vary from these standards if warranted by
unusual or unique circumstances. In Single -
Family Subdivisions, the Planning
Department will consider the predominant
architectural style and materials in the
neighborhood to determine Compatibility.
This may result in variation from the strict
interpretation of this section and may be
granted by the Planning Director.
(Amended by Ord. No. 06-56)
15-5-8. FACADE LENGTH AND
VARIATIONS.
(A) Structures greater than sixty feet
(60'), but less than 120 feet in length must
exhibit a prominent shift in the facade of the
Structure so that no greater than seventy five
percent (75%) of the length of the Building
Facade appears unbroken. Each shift shall
be in the form of either a ten foot (10')
change in Building Facade alignment or a
85
ten foot (10') change in the Building Height,
or a combined change in Building Facade
and Building Height totaling ten feet (10').
(B) Structures that exceed 120 feet in
length on any facade shall provide a
prominent shift in the mass of the Structure
at each 120 foot interval, or less if the
Developer desires, reflecting a change in
function or scale. The shift shall be in the
form of either a fifteen foot (15') change in
Building Facade alignment or a fifteen foot
(15') change in the Building Height. A
combination of both the Building Height and
Building Facade change is encouraged and
to that end, if the combined change occurs at
the same location in the Building plan, a
fifteen foot (15') total change will be
considered as full compliance.
(C) The special facade and volume
requirement of the Historic District are
found in LMC Chapter 15-2 and in the
Historic District Architectural Design
Guidelines.
(D) The facade length and variation
requirements apply to all sides of a Building.
15-5-9. SENSITIVE LAND
REVIEW.
Any project falling within the Sensitive
Lands Area Overlay Zone may be subject to
additional architectural review requirements
and regulations as outlined in the Sensitive
Area Overlay Zone regulations, LMC
Chapter 15-2.21.
(Amended by Ord. No. 06-56)
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86 7/21/2015
Sec. 106-3. - Exempt signs.
The following signs are exempt from the operation of the sign regulations in this chapter and from the
requirement in this land development code that a permit be obtained for the erection or alteration of signs,
provided they are not placed or constructed so as to create a hazard of any kind, provided they are not
prohibited by article II, division 2 of this chapter provided they comply with the following enumerated terms
and conditions:
(1) Signs that are not visible from a publicly owned area, public access area or from any adjacent
property.
(2) Business incidental signs, provided such signs conform to the following standards:
a. Sign area. The total sign face area per business location shall not exceed two square feet.
b. Location. Each sign shall be, affixed to, or displayed behind a window or door on the premises.
The sign shall not be attached to a permanent accessory sign or its sign structure unless specifically
authorized by the permit issued for the permanent accessory sign. Business incidental signs are not
permitted at home occupation locations.
(3) Merchandise displays behind storefront windows, so long as no part of the display moves, or appears
to move, or contains flashing or blinking lights, or neon lights, and no part of the display is attached
to the window. A drawing, poster, picture or other representation of merchandise or a service, shall
be considered an advertising sign, not a merchandise display, for purposes of applying the standards
of this land development code.
(4) Signs erected on public or private property under authority of or with permission from the city or
signs required by federal or state law.
(5) Legal notices and official instruments. Official notices posted by public officers or employees in the
performance of their duties.
(6) Signs erected on public property or within public rights-of-way for a celebration, convention, or
commemoration of significance to the entire community when authorized by the city manager for a
prescribed period of time.
(7) Memorial signs, plaques, or tablets, or other remembrances of persons or events that are
noncommercial in nature, subject to city council approval.
(8) Machinery or equipment signs. Signs incorporated into machinery or equipment by a manufacturer
or distributor, which identify or advertise only the product or service dispensed by the machine or
equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone
booths, and gasoline pumps, provided no extraneous graphics, unrelated to such machinery or
equipment, or advertising, are attached or painted thereon.
(9) Vehicle signs. Advertising and identifying signs located on taxicabs, buses, automobiles, boats,
trolleys, trailers, trucks, or other vehicles or vehicle bumpers, provided that such sign is not
prohibited, by article III, division 2 of this chapter. This exemption does not include advertising on
bicycles or other human -powered vehicles while upon a bicycle path.
(10) Warning signs. Where such signs warn of a danger, they shall be removed within three days
following the subsidence of danger. The number, location, type, area and height of such warning
signs shall be as necessary to warn the public of the existence of danger. However, signs warning of a
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87 7/21/2015
danger, which are greater than one square foot in area or three feet in height shall have the approval
of the city manager prior to being erected. Other warning signs which advise of any other condition
on the premises shall not exceed one sign per property, no higher than two feet high, if a ground sign,
and no greater than 48 square inches in size. Where the size, height or placement of a warning sign is
prescribed by general law, the general law shall control.
(11) Building identification signs as required by section 126-938
(12) Waste receptacle signs. Signs on waste receptacles, provided:
a. There is only one sign per receptacle;
b. The sign is a maximum of one square foot in area; and
c. The sign copy identifies only the owner of the receptacle and provides instructions for the
placement or use of the receptacle.
(13) Holiday decorations. Holiday lights, displays and decorations, from the day before Thanksgiving
through January 9, which are clearly incidental and customary and commonly associated with any
national, local or religious holiday.
(14) Handicapped parking signs erected in accordance with the city building code.
(15) Parking lot directional and instructional signs.
a. Directional signs. Signs designating parking area entrances and exits bearing no advertising copy,
limited to one sign for each entrance and/or exit, with a sign face area not exceeding one square
foot and a height not exceeding three feet.
b. Instructional signs. Signs designating the conditions of use or identity of parking areas, bearing
no advertising copy that is visible from a public access area or adjoining property. Such signs shall
have a sign face area not exceeding one square foot and a height not exceeding six feet.
(16) Other directional or instructional signs. Signs with a sign face area not exceeding one square foot
and a height not exceeding six feet, which provide direction or instruction to guide persons to
facilities intended to serve the public, providing that such signs contain no advertising copy of any
kind. Such signs include those identifying restrooms, accessory uses at resort housing, public
telephones, public walkways, and other similar signs, but not including those signs accessory to
parking areas.
(17) Statutory signs. Statutory signs, provided the sign face area does not exceed one square foot,
unless:
a. The law requiring the sign expressly requires a larger sign face area; or
b. The copy required by the law would not be legible within the required context.
(18) Signs on benches. Signs on public benches, provided such signs bear no advertising copy, identify
only the entity furnishing the bench, are a maximum of 72 square inches in area, and number only
one per bench.
(19) Signs carried by an individual bearing no advertising.
(20) Symbols or insignia. Religious symbols, or identification emblems of religious orders not exceeding
two square feet in sign face area. (See subsection g. Flags.)
(21) Utility signs. Public utility signs that identify the location of underground utility lines and facilities,
high voltage lines and facilities, and other utility facilities and appurtenances are permitted so long
as they do not exceed three feet in height, and so long as the sign face area does not exceed one-half
square foot.
(Ord. No. 85-26, § 1(l. E.18(c)), 11-27-1985; Ord. No. 87-18, § 2, 7-7-1987,• Ord. No. 93-15, § 1, 8-3-1993)
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88 7/21/2015
South lake Tahoe
89 7/21/2015
South Lake Tahoe 6.10.160 Exterior lighting.
Page 1 of 3
6.10.160 Exterior lighting.
The functional objectives in providing exterior area lighting are to illuminate areas necessary for safe
and comfortable use. In certain situations, area lighting can add to the aesthetic appeal of a site by
highlighting architectural features of a building or illuminating pathways and landscape plantings. In
these instances, only the special features of a building or landscape can be illuminated.
1. Standard: Outdoor lights (including winter seasonal display) shall not blink, flash, change intensity or
give the illusion of movement.
2. Standard: Temporary and seasonal installation of string lights, rope lights, or other decorative
lighting is allowed for seasonal lighting between November 1 st and March 1 st subject to the following
criteria:
a. Lights shall not be installed for more than 90 days;
b. Lights shall be LED or low voltage (24 volts or less);
c. Installation may be subject to building or fire department inspection.
3. Standard: Installation of string lights, rope lights, or other decorative lighting for a period longer than
90 days or outside of the November 1 st through March 1 st season will require approval of a minor
design review application. Review of the application will include a review of the total amount of exterior
lighting on a site, curfew hours for lighting to be turned off, and energy efficiency. Lights shall be LED
or low voltage (24 volts or less). A building permit may also be required for some lighting installations
and installation may be subject to building and/or fire department inspection.
4. Standard: Lighting may be used for outdoor landscaping, parking lots, street lights, walkways,
illumination or highlighting architectural or landscape features only, and shall not be designed for, or
used as, an advertising display. Illumination utilizing exterior light fixtures is permitted, provided the
following criteria are met:
a. Lighting shall only be directed downward (not above the horizontal plane) to avoid sky -lighting.
Up -lighting for any purpose including the lighting of architecture or landscape architecture is not
permitted except with overhead shields to prevent nighttime sky -lighting.
b. The light source (bulbs), within a fixture as seen in elevation, shall not be visible, including the
cobra head fixture style.
c. No light (freestanding or building mounted) shall spray off site. The use of cutoff shields, or
other devices as approved by staff shall be required, including parking garages. (Note: parking
The South Lake Tahoe City Code is current through Ordinance 1085, passed March 17, 2015.
South Lake Tahoe
90 7/21/2015
South Lake Tahoe 6.10.160 Exterior lighting.
garages shall not have fluorescent lighting.)
Page 2 of 3
d. The maximum height of exterior architectural building lighting and landscape lighting shall be
26 feet and the light source is shielded from view.
Exception: In areas which have been approved for additional height under Chapter 22 of the TRPA
Code and projects within this area have been approved, consistent with the city of South Lake Tahoe
redevelopment design standards, the following lighting standards may be utilized subject to finding
that the lighting is used only to assist in the activation of a public pedestrian retail space on Highway
50 as well as private interior spaces of hotels/timeshare hotels or public interior spaces such as the
Gondola Plaza and ice rink areas. The intent of this exemption is not to illuminate secondary streets
such as Transit Way, the private Van Sickle Road, Park Avenue and Cedar Avenue:
1. The exterior architectural lighting is allowed on vertical walls up to the eave of the roof line or peak
of the wall in the case of a gable roof of a building or structure. Specifically, lighting of distinguished
architectural features such as entries, arcades, chimneys, cornices, balconies, exterior trusses, highly
textured materials, knee braces, enriched architectural facades or landmark features is permitted.
Wall lighting of blank walls or repetitive wall facades is not permitted.
2. Exterior architectural features lighting shall be restricted to incandescent type lights with
concealed light sources. No direct feature lighting shall be allowed which produces glare on adjacent
properties or public travel corridors.
3. Architectural features lighting may be attached to buildings or structures as down lights, soffit
lights or wall mounted lights. Lighting with non -building -mounted flood lights is allowed subject to city
approval to ensure the light fixture and the light are not visible from the travel way or other public
areas.
4. Landscape lighting is allowed to highlight elements of the landscape architecture or existing
landscape features through the use of down lighting. Down lighting landscape can be done with
concealed fixtures or fixtures with lens hoods to screen the light source. Landscape lighting fixtures
must be dark colors including brown, gray, black or green.
a. The lighting is subject to a visual analysis.
b. Roofs, in part or in total, shall not be illuminated. Such prohibition includes such methods as
flood lighting, reflective material, or lighting strips, including neon/fluorescent tubing, and the like.
c. The entire freestanding lighting assembly (pole and fixture) shall be painted a dark earth tone
color such as black, dark green, or dark brown, so as to blend into the forest character of the city.
d. Lighting levels shall not exceed a maximum of 25 foot-candles, measured within one foot of
The South Lake Tahoe City Code is current through Ordinance 1085, passed March 17, 2015.
South Lake Tahoe
91 7/21/2015
South Lake Tahoe 6.10.160 Exterior lighting.
the base at ground level.
e. The maximum height standard for any freestanding pole light (public or private) shall not
exceed 20 feet.
Page 3 of 3
Exception: Cobra head fixtures placed at major intersections of state highways which conform to the
state standard for height of such poles.
k. Low pressure sodium lights (monochromatic orange color) are not allowed.
5. Standard: Searchlights. The commercial operation of searchlights for advertising or any other
purpose is prohibited. (Ord. 903; Ord. 914 § 1; Ord. 1002; Ord. 1033 § 1(Exh. A). Code 1997 § 5-25)
The South Lake Tahoe City Code is current through Ordinance 1085, passed March 17, 2015.
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Steamboat Springs
93 7/21/2015
Sec. 26-138. - Lighting standards.
(a) Purpose. This section is intended to minimize light pollution and the indiscriminate use of outdoor lighting,
and to create a unifying, community -wide approach to outdoor lighting.
(b) Applicability. These standards apply in all zone districts to public and private property.
(c) Exemptions. The following outdoor lights are exempt from the requirements of this section provided that
such lights do not create a hazard to the public:
(1) Temporary holiday tree lights.
(2) Decorative seasonal and/or display lights.
(3) Public street, highway, illuminated signs or other public lighting installed for the benefit of public
health, safety and welfare.
(4) Temporary exemption. The director may grant temporary exemptions from the lighting standards in
this CDC in the case of temporary or special use requirements, construction needs, or emergency
lighting, if the director determines that such exemptions are necessary to accommodate a practical
need and do not create significant impacts on nearby properties for a significant length of time.
(d) Standards for all zone districts. All outdoor light fixtures, both public and private, shall be of material, type
and design to conform to standards below.
(1) Lighting materials.
Prohibited lighting.
Mercury vapor lights.
b. Permitted lighting.
1. High pressure sodium (HPS);
2. Low pressure sodium (LPS);
3. Metal halide;
4. Incandescent lights of one hundred (100) watts or less per fixture;
5. Fluorescent lights forty (40) watts or less per fixture;
6. Alternative types of lights approved by the director as substantially similar in appearance and
impacts on nearby properties.
(2) Luminance. All light sources that are visible from a public right-of-way and/or an adjacent property
shall exhibit a ratio of source lumens to luminous area not exceeding one hundred twenty-five (125)
(i.e. source lumens x 125 = luminous area). The same lumens and luminous area is to be shown on
the development plan or a separate lighting plan with square footage calculation, and the
manufacturers specification sheets should be provided by the applicant on request.
(3) Height and spacing requirements. The maximum height of a light, whether on a pole or building, shall
not exceed twenty (20) feet for the purposes of illuminating parking lots or streets. The maximum
height of a light, whether on a pole or building, shall not exceed sixteen (16) feet for the purposes of
illuminating pedestrian walkways, crossings, or trails. Municipal recreational fields and facility lighting
shall be exempt from these height requirements, if the director determines that higher lights are
required for the effective use of the facility and will not create serious adverse impacts on
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94 7/21/2015
surrounding property owners. The spacing of all lighting shall be the minimum industry standards as
adopted by the Illuminating Engineering Society, to provide necessary illumination for life, safety
purposes, including: lighting of street intersections, trail or street crossings and access points, bridges,
and other circulation system hazards or obstacles, and to clearly delineate other circulation system
features, and required security or entrance lighting.
(4) On-site lighting. Building mounted and freestanding exterior lighting shall be directed downward using
downcast light fixtures, with the light source screened and shielded from adjacent properties and
from public rights-of-way so that the light source is not visible. The lighting of internal amenities and
parking lots shall be designed to be lit from the outside perimeter inward, or shall incorporate design
features to reduce off-site glare. In all cases, placement of lighting shall be such that glare on-site or
off-site does not negatively impact vehicles in adjacent street systems.
26-136-h.png
Light Directed Downward Onto Site
(5) Shielding. All light sources shall be fully shielded so the light source is not visible from adjacent
properties.
(6) Residential light trespass. Outdoor light fixtures installed and maintained on residentially zoned single-
family and duplex dwellings shall be positioned so that there are no direct light emissions onto
adjacent residential properties. All residential light sources shall be fully shielded so they are not
obtrusively visible from adjacent properties.
(7)
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95 7/21/2015
Hours of operation. All outdoor lighting not necessary for security purposes (as defined below) shall be
turned off during non-operating hours. Lighting necessary for public health, safety and welfare
purposes may be activated by motion sensor devices. All outdoor lighting on private property shall be
turned off between 11:00 p.m. and sunrise unless exempted below:
a. Lighting may remain on while the business facility is open to the public.
b. Lighting may remain on when it is used for security purposes or to illuminate walkways,
roadways, driveways, equipment or storage yards, and parking lots where accessible at night, as
approved by the director.
Lighting for outdoor recreational facilities may remain on for a maximum of one hour after 11:00
p.m., to conclude a specific recreational or sporting event or any other similar activity conducted
at the facility that was in progress under such illumination prior to 11:00 p.m.
(8) Streets and circulation in relation to lighting.
Street lighting shall meet the requirements of this section and may be required at all street
intersections and be located at approximately every five hundred (500) feet along arterial and
collector streets.
b. In the event trail lighting is proposed or required, it shall meet the requirements set forth in the
trails system master plan. In the event both pedestrian scale and trail lighting are required, staff
shall determine the appropriate luminaries.
(e) Zone district specific standards.
(1) CO commercial Old Town zone district.
Pedestrian scale lighting constructed to city standards shall be required for all development or
redevelopment in the CO zone district. Such pedestrian scale lighting shall be consistent with
lighting throughout the CO zone district. city standards for pedestrian scale lighting are on file at
the department of planning and community development. All lighting shall be in accordance with
the details and specifications provided in the Lincoln Avenue sidewalk standard details and
chapter 20, section 20-33 of the Steamboat Springs Municipal Code.
b. 3rd through 13th Street improvements. All development and redevelopment along numbered
side streets (3rd, 4th, 5th, etc.) in the CO zone district shall provide lighting similar to the
specifications provided in the Lincoln Avenue sidewalk standard details and in accordance with
chapter 20, section 20-33 of the Steamboat Springs Municipal Code.
The visual impacts of building lighting shall be minimized. Wall mounted light fixtures shall not
extend above the height of the wall to which they are mounted. Blinking, flashing lights and
exposed strip lighting used to illuminate building facades or to outline buildings are prohibited.
(Exception: Temporary decorative lights may be allowed for up to an eight-week period during the
calendar year.) Avoid locating blinking, flashing, and other animated lights inside street -facing
windows.
d. Canopies and awnings shall not be illuminated. Internally illuminated awnings are prohibited and
lights shall not be mounted on the tops, sides, or fascias of canopies and awnings. Luminaries
shall be recessed into any canopy structure that is designated for pedestrian use, loading, or
service, unless a suitable alternative that will minimize impacts is approved by the director.
(2) CY Yampa Street commercial zone district.
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Pedestrian scale lighting constructed to city standards shall be required for all development or
redevelopment in the CY zone district. Such pedestrian scale lighting shall be consistent with
lighting throughout the CY zone district.
b. 3rd through 13th Street improvements. All development and redevelopment along numbered
side streets (3rd, 4th, 5th, etc.) in the CY zone district shall provide lighting similar to the
specifications provided in the Lincoln Avenue sidewalk standard details and in accordance with
chapter 20, section 20-33 of the Steamboat Springs Municipal Code.
(3) CN commercial neighborhood zone district.
Pedestrian scale lighting constructed to city standards shall be required for all development or
redevelopment in the CN zone district. Such pedestrian scale lighting shall be consistent with
lighting throughout the CN zone district.
b. 3rd through 13th Street improvements. All development and redevelopment along numbered
side streets (3rd, 4th, 5th, etc.) in the CN zone district shall provide lighting similar to the
specifications provided in the Lincoln Avenue sidewalk standard details and in accordance with
chapter 20, section 20-33 of the Steamboat Springs Municipal Code.
c. Properties along Oak Street shall minimize the visual impacts of building lighting. Wall mounted
light fixtures shall not extend above the height of the wall to which they are mounted. Blinking,
flashing lights and exposed strip lighting used to illuminate building facades or to outline
buildings are prohibited. (Exception: Temporary decorative lights may be allowed for up to an
eight-week period during the calendar year.)
d. Canopies and awnings shall not be illuminated. Internally illuminated awnings are prohibited and
lights shall not be mounted on the tops, sides, or fascias of canopies and awnings. Luminaries
shall be recessed into any canopy structure that is designated for pedestrian use, loading, or
service, unless a suitable alternative that will minimize impacts is approved by the director.
(1) RR -1, RR -2, G-1 and G-2 zone districts.
a. Intent.
1. To provide consistent and safe lighting levels throughout the Mountain Base Area that
address both pedestrian and vehicular needs.
2. To minimize light pollution within the Mountain Base Area to preserve the community's dark
night sky.
b. Design standards.
1. Light fixtures.
Light fixtures shall direct light towards the ground so that light spillage onto abutting
properties is minimized. The light source shall not be visible from the street and abutting
properties.
Light fixtures shall use full cut-off lenses or hoods to prevent glare or spillover from the
project site onto adjacent properties and streets. Gas lanterns may be used without a full
cut-off lens or hood in limited applications.
2. Light poles.
Light poles shall not exceed twelve (12) feet in height, except that light poles for surface
parking areas shall not exceed twenty (20) feet in height.
ii. Light poles shall be consistent with those specified in the streetscape plan.
iii.
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Brackets for banners and hanging plants shall be provided in regularly used pedestrian
areas.
3. Light color.
Lights shall be white in color, using color corrected metal halide, halogen or fluorescent
lamps.
Lights at building entrances, steps, ramps, driveway crossings and entrances to parking
structures or garages may be incandescent.
4. Amount and location of lighting.
The amount and location of lighting shall balance the need for safety with the
community goal of minimizing light pollution while providing the following:
1. Intersections. Illumination levels shall be highest where driveways intersect with
streets.
2. Pedestrian areas. Lights shall be located to provide higher illumination at building
entrances, steps, stairs, ramps, driveway crossings and entrances to parking
structures or garages.
3. Walkway lighting. Illumination levels on walkways must be adequate to facilitate safe
pedestrian travel but less bright than parking area lighting.
4. Parking area lighting. Parking areas shall be lit as required for safety.
5. Snow management. Light poles and fixtures shall be located to avoid conflict with
snow management operations.
6. Plazas. In public plazas, waterproof outlets shall be provided as a power source for
seasonal lighting, special events, or for other public uses.
7. Landscaping. Lighting for landscaped areas shall be provided to illuminate trees and
artwork.
(f) Nonconforming lights. All existing outdoor lighting that does not conform to this section shall be required to
be brought into conformity with these requirements relating to shielding by May 13, 2002 but shall not
otherwise be required to comply with the standards adopted under this section.
(1) An outdoor lighting compliance plan shall be submitted to the department of planning and
community development for review and approval, within forty-eight (48) months from adoption of
this Code, and prior to replacement or alteration of any nonconforming lighting. (Single-family/duplex
exempt from lighting compliance plan requirements and the director of planning and community
development may waive the required outdoor lighting compliance plan, when deemed appropriate).
(2) Existing mercury vapor lights inexistence and otherwise complying with this chapter may remain in
use, until such time as the luminaire is to be replaced or repaired.
(3) Nonconforming lighting shall not be moved, altered, or replaced without provisions being made for
the lighting to comply with this section. Any change in use or alteration to a structure shall cause
review for compliance with this section and provisions for bringing any nonconforming lighting into
compliance.
(Ord. No. 2187, § 1, 6-3-08; Ord. No. 2349, § 2,11-16-10)
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ORDINANCE NUMBER 351
AN ORDINANCE AMENDING TITLE 9, PLANNING AND ZONING, OF THE SUN VALLEY
CITY CODE, TO ESTABLISH EXTERIOR LIGHTING REGULATIONS OF THE
CITY OF SUN VALLEY, BLAINE COUNTY, IDAHO; PROVIDING FOR THE CODIFICATION
OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Sun Valley Planning and Zoning Commission finds that unnecessary and improperly
designed light fixtures cause glare, light pollution and wasted resources; and,
WHEREAS, glare and light pollution can result in: hazardous circulation conditions for all modes of
transportation; the diminishing ability to view the night sky; light trespass; and, unattractive townscape; and,
WHEREAS, the people who live in and near Sun Valley value the natural environment, including the beauty
and high quality of the night sky; and,
WHEREAS, the City of Sun Valley is a destination resort community, dependent upon its natural resources
and environment to attract tourists and residents; and,
WHEREAS, the City of Sun Valley desires to protect the health, safety and welfare of the residents, tourists,
motorists and general public, and to protect the night sky that adds to the quality of life and economic well being of the
City; and,
WHEREAS, these criteria for exterior lighting will not sacrifice the safety of our citizens or visitors, or the
security of property, but instead will result in safer, efficient and more cost-effective lighting, and
WHEREAS, the City Council for the City of Sun Valley desires to adopt the above findings so as to provide
for the public health, safety and welfare in the City;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Sun Valley, Idaho, as
follows:
SECTION 1: Section 9-1-2, INTENT, of Chapter 1, Zoning Title and Intent, of Title 9, PLANNING AND
ZONING, of the Sun Valley Municipal Code, is hereby amended by adding the following new Subsection J. after
Subsection I.:
J. To preserve and protect the night sky , and provide for the safety and enjoyment of the City's residents and
visitors by protecting against excessive exterior lighting andlg are.
SECTION 2: Subsection 9-911-5.1), DESIGN REVIEW GUIDELINES, of Chapter 9, Article B, Sign Regulations, of
Title 9, PLANNING AND ZONING, of the Sun Valley Municipal Code, is hereby amended by deleting the struck-
thru language and adding the underlined language as follows:
D. All light sources shall comply with an approved exterior lighting plan, pursuant to Article D of this Chapter 9
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SECTION 3: Chapter 9, SUPPLEMENTARY REGULATIONS, of Title 9, PLANNING AND ZONING, of the Sun
Valley Municipal Code, is hereby amended by establishing a new ARTICLE D. EXTERIOR LIGHTING
REGULATIONS, as follows:
CHAPTER 9
SUPPLEMENTARY REGULATIONS
ARTICLE D. EXTERIOR LIGHTING REGULATIONS
SECTION:
9-9D-1: Purpose
9-9D-2: Applicability
9-9D-3: Definitions
9-9D-4: General Provisions
9-9D-5: Procedures
9-9D-6: Violations
9-9D-1: PURPOSE: This Article together with amendments thereto, shall be known and may be cited as the Sun
Valley Exterior Lighting Ordinance. The purpose of these regulations is to protect and promote the public health,
safety and welfare, the quality of life, and the ability to view the night sky, by establishing regulations and a
process for review of exterior lighting. This Article establishes standards for exterior lighting in order to
accomplish the following:
A. To provide safe roadways for motorists, cyclists and pedestrians, and ensure that sufficient lighting can be
provided where needed to promote safety and security;
B. To minimize the effects of direct glare and excessive lighting;
C. To protect the nighttime use and enjoyment of property and curtail the degradation of the nighttime visual
environment, and thereby help preserve the quality of life in the City;
D. To prevent light trespass in all areas of the City;
E. To promote energy efficient and cost effective lighting in all areas of the City;
F. To allow for flexibility in the style of lighting fixtures;
G. To define practical and effective measures by which the obtrusive aspects of outdoor light usage can be
minimized, and provide lighting practices that direct appropriate amounts of light where and when it is needed;
H. To provide assistance to property owners and occupants in bringing non -conforming lighting into conformance
with this Article; and
I. To work with other jurisdictions within Blaine County to meet the purposes of this Article.
9-9D-2: APPLICABILITY:
A. All exterior lighting installed after the effective date of this Article shall conform to the standards
established by this Article.
B. All existing exterior lighting installed before the effective date of this Article shall be brought into
conformance with this Article, except Section 9 -9D -4.C, within the following time periods:
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1. All existing exterior lighting located on a subject property that is part of an application for design
review approval, a conditional use permit, subdivision approval, or a building permit is required to be
brought into conformance with this Article before issuance of a Certificate of Occupancy, final
inspection or final plat recordation, when applicable. For other permits, the applicant shall have a
maximum of thirty (30) days from date of permit issuance to bring the lighting into conformance.
2. All other existing exterior lighting on property used for residential, commercial, institutional, or any
other public and semi-public uses that is not in conformance with this Article shall be brought into
conformance with this Article within eighteen (18) months from the date of adoption of this Article, by
October 15, 2005.
9-9D-3: DEFINITIONS: Unless specifically defined below, words or phrases used in this Article shall be interpreted
so as to give them the meaning they have in common usage and to give this Section its most reasonable application.
Area light. A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area
lights include, but are not limited to, streetlights, parking lot lights and yard lights. (See Table 1, for light output of
various lamps).
Average horizontal footcandle. The average level of illuminance for a given situation (with snow cover if that is to be
expected in the given situation) measured at ground level with the light meter placed parallel to the ground.
Building Official. The City of Sun Valley Building Official.
Directional flood light. A fully shielded fixture that is angled no higher than 30 degrees from vertical and which targets
a specific area to be lit. (See Figures 6 and 7)
Eighty-five (85) degree cut-off type of luminaires. Luminaires that do not allow light to escape above an eighty-five
(85) degree angle measured from a vertical line from the center of the lamp extended to the ground (see Figure 2)
Exterior lighting_ Temporary or permanent outdoor lighting that is installed, located or used in such a manner to cause
light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered
exterior lighting for the purpose of this Article.
Floodlight. A light fixture that produces up to one thousand eight hundred (1,800) lumens and is designed to flood a
well-defined area with light. (See Table 1 for light output of various lamps)
Footcandle (fc). The American unit used to measure the total amount of light cast on a surface (illuminance). One
footcandle is equivalent to the illuminance produced by a source of one candle at a distance of one foot. For example,
the full moon produces .01 fc (fc are measured with a light meter). One footcandle is approximately equal to ten (10)
lux, the metric unit also used to measure illuminance.
Full cut-off luminaires. A luminaire designed and installed where no light is emitted at or above a horizontal plane
running through the lowest point on the luminaire. (See Figure 1)
Fully shielded. The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the
barrier on the top and sides of the fixture. (See Figure 4)
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Glare. Stray light striking the eye that may result in (a) nuisance or annoyance glare such as light shining into a
window; (b) discomfort glare such as bright light causing squinting of the eyes; (c) disabling glare such as bright light
reducing the ability of the eyes to see into shadows or (d) reduction of visual performance.
Holiday lighting. Exterior lighting consisting of strings of individual lamps, where the output per lamp is not greater
than fifteen (15) lumens.
Illuminance. The amount of light falling on any point of a surface measured in footcandles or lux; footcandles are
measured as lumens per square foot, and lux are measured as lumens per square meter.
IESNA. Illuminating Engineering Society of North America (IES or IESNA). The professional society of lighting
engineers.
IESNA Recommended Practices. The current publications of the IESNA setting forth illuminance levels.
Lamp. The generic term for an artificial light source, to be distinguished from the whole assembly (see Luminaire).
Commonly referred to as "bulb".
Light. The form of radiant energy acting on the retina of the eye to make sight possible.
Light pollution. Any adverse effect of artificial night light including, but not limited to, discomfort to the eye or
diminished vision due to glare, light trespass, or any manmade light that diminishes the ability to view the night sky.
Light trespass. Light falling on the property of another or the public right-of-way when it is not required to do so.
Lighting, Any or all parts of a luminaire that function to produce light.
Lighting Administrator. A City official designated by the Planning & Zoning Administrator to administer, interpret,
and enforce the Sun Valley Exterior Lighting Ordinance, and make recommendations thereunder.
Lumen. The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most
lamps is listed on the packaging. For example, a 60 -watt incandescent lamp produces 950 lumens while a 55 -watt low-
pressure sodium lamp produces 8000 lumens.
Luminaire. A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the
light, to position and protect the lamps and to connect the lamps to the power. When used, includes ballasts and
photocells. Commonly referred to as "fixture".
Maintained illuminance. The condition that occurs after 200 hours of lamp use prior to a point where luminaire
cleaning is necessary. Measurements are taken at ground level with sensor parallel to the ground for horizontal
illuminance and measured at 5 feet above ground with sensor perpendicular to the ground for vertical illuminance.
Non-essential lighting_ Lighting that is not necessary for an intended purpose after the purpose has been served. Does
not include any lighting used for safety and/or public circulation purposes.
Opaque. The effect of a part or parts of a luminaire that provide(s) a barrier above and in some cases around the lamp,
that does not allow any light to pass through.
Partially shielded. The luminaire incorporates a translucent barrier, the "partial shield" around the lamp that allows
some light to pass through the barrier of the fixture's walls while concealing the lamp from the viewer. (See Figure 3)
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Planning and Zoning Administrator. The City of Sun Valley Planning and Zoning Administrator.
Skyglow. The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and
scattering of light by dust, water vapor and other particles suspended in the atmosphere.
Temporary lighting_ Lighting that is intended to be used for a special event for seven days or less, and temporary
construction lighting.
Translucent. The effect of a part or parts of a luminaire that provide(s) a barrier around the lamp that allows some light
to pass through the barrier in a diffused manner, such that the lamp cannot be clearly distinguished. (See Figure 3)
Unshielded. The luminaire only incorporates clear glass, which permits all light to escape. (See Figure 5).
Uplighting_Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.
Wall wash. The reflectivity of artificial lighting from the exterior surface of a building or structure.
9-9D-4: General Provisions:
A. General Standards
1. All exterior lighting shall be designed, located and lamped in order to prevent or minimize:
a. Overlighting;
b. Energy waste;
c. Glare;
d. Light Trespass;
e. Skyglow.
2. All non-essential exterior commercial, recreational, and residential lighting shall be turned off after business
hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace
existing lighting that is desired for security purposes.
3. Canopy lights, such as service station lighting or covered entries, shall be fully recessed or fully shielded so
as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties.
4. Area lights. All area lights shall be a minimum eighty-five (85) degree full cut-off type luminaires.
5. Idaho Power shall not install any luminaires after the effective date of this Article that lights the public right
of way without first receiving approval for any such application by the Lighting Administrator.
B. Use of Luminaires. No unshielded or clear glass luminaries shall be allowed; all exterior lighting shall use full
cut-off luminaires with the light source downcast and fully shielded, with the following exceptions:
1. Luminaires that have a maximum output of one thousand (1,000) lumens per fixture (equal to one sixty [60]
watt incandescent lamp) regardless of number of lamps, may be partially shielded provided the luminaire has an
opaque top or is under a solid overhang. (See Figure 3)
2. Floodlights with external shielding shall be angled provided that no light is directed above a thirty (30)
degree angle measured from the vertical line from the center of the light extended to the ground, and only if the
luminaire does not cause glare or light to shine on adjacent property or public rights-of-way (see Figure 6). Residential
floodlights must be turned off by 11:00 p.m. Photocells with timers that allow a floodlight to go on at dusk and off by
11:00 p.m. are encouraged.
3. Residential holiday lighting is allowed from November 1 st to March 15th. Flashing holiday lights on
residential properties are prohibited. Holiday lights shall be turned off by 11:00 p.m.
4. Commercial holiday lighting is allowed from November 1 st to March 15th. Flashing holiday lights are
prohibited. Commercial holiday lights shall be turned off by 11:00 p.m. or the close of business, whichever is later.
5. Sensor activated luminaires, provided:
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a. It is located in such a manner as to prevent glare and light trespass onto properties of others or into a
public right-of-way;
b. The luminaire is set to only go on when activated and to go off within five minutes after activation
has ceased;
c. The luminaire shall not be triggered by activity off the subject property.
6. All temporary emergency lighting needed by the Fire and Police Departments, or other emergency services.
7. Lighting for flags provided the flag is a United States of America or State of Idaho official flag and the
maximum lumen output is one thousand three hundred (1,300) lumens. Flags may be taken down at sunset to avoid the
need for lighting. The external beam shall minimize light trespass and/ or glare.
8. Uplighting for landscaping and/ or structures shall be reviewed on a case by case basis; it is strongly advised
that all uplighting be fully captured for approval. All uplighting shall be turned off by 11:00 p.m.
9. Lighting of radio, communication and navigation towers; provided the owner or occupant demonstrates that
the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not
comply with this Article.
10. Neon Lights. Neon lights permitted pursuant to the sign ordinance, Article B of this chapter, et seq.
11. Luminaires used for playing fields and courts shall be exempt from the height restriction provided all other
provisions of this Article are met and the light is used only while the field or court is in use.
12. Non-residential luminaires may deviate from the requirements of these Exterior Lighting Regulations only
upon submitting for Planning and Zoning Commission approval a Design Review application under Chapter 10 of this
Title, detailing the specific reasons for the proposed deviation. Such application may be granted only if the applicant
demonstrates each of the following:
i) that the proposed deviation is appropriate to the location of the lighting and the surrounding
neighborhood;
ii) that the proposed deviation will not unreasonably diminish either the health, safety, or welfare
of the surrounding neighborhood uses; and
iii) that the proposed deviation will not unreasonably conflict with the general intent of these
Exterior Lighting Regulations.
The Commission may approve, deny, or approve with conditions any such application submitted under this Paragraph
12.
C. Placement and Height of Luminaires
1. Parking area luminaires shall be no taller than seventeen (17) feet as measured from the ground to their
tallest point. Parking area lights are encouraged to be greater in number, lower in height and lower in lumens, as
opposed to fewer in number, higher in height and higher in lumens.
2. Freestanding luminaires on private property in residential zones shall be mounted at a height no greater than
twelve feet (12') from ground level to the top of the luminaire.
3. Streetlights used on arterial roads may exceed twenty (20) feet in height, with the recommendation by the
City Council, and only with a finding that exceeding 20 feet is necessary to protect the safety of the residents of Sun
Valley.
4. Luminaires used for playing fields shall be exempt from the height restriction provided all other provisions
of this Article are met and the light is used only while the field is in use.
D. Illuminance and Type of Lamp
1. Illuminance levels for parking lots, sidewalks, and other walkways affected by side -mounted building lights,
and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the most current IESNA
Recommended Practices. The City of Sun Valley recognizes that not every such area will require lighting.
2. Above ground parking lot lighting shall not exceed an overall average illumination of 1.5 footcandles.
Interior parking structure lighting shall not exceed the minimum security illumination levels listed in the most current
IESNA Recommended Practices.
C
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3. The use of lighting for exterior wall washing is limited for residences, condominiums and apartments as
listed in the following table; the use of recessed eave lighting to achieve wall washing is preferred, and wall washing
should strive for uniform illumination distribution. The maximum average illumination limits for wall washing are:
Dark colored exterior surfaces: 1.0 footcandles
Light colored exterior surfaces: 0.5 footcandles
Illuminance measurements of indirect light creating wall wash shall be measured with an illuminance meter
four feet from ground level with the meter held horizontally and touching the wall surface.
4. Streetlights shall be high-pressure sodium or metal halide, unless otherwise determined that another type is
more efficient. Streetlights along residential streets shall be limited to a seventy (70) watt high-pressure sodium (lips)
light with a lumen output of six thousand four hundred (6,400). Street lights along non-residential streets or at
intersections shall be limited to one hundred (100) watts lips, with a lumen output of nine thousand five hundred
(9,500), except that lights at major intersections on state highways shall be limited to two hundred fifty (250) watts
lips, with a lumen output of twenty-eight thousand five hundred (28,500). If a light type other than high-pressure
sodium or metal halide is permitted, then the equivalent output shall be the limit for the other light type (see Table 1).
E. Tables and Information Sheets.
The attached figures and information sheets shall be incorporated into Title 9 as guidelines for the public and the City
for use in enforcing this Article. The City does not endorse or discriminate against any manufacturer or company that
may be shown, portrayed or mentioned by the examples. Additional information is provided at the Sun Valley Planning
Department.
9-9D-5: Procedures:
A. All applications for design review, conditional use permits, planned unit developments, subdivision approvals,
applicable sign permits, or building permits shall include lighting plans showing location, type, height, lumen output,
and illuminance levels in order to verify that lighting conforms to the provisions of this Article. The Lighting
Administrator may waive the requirement for illuminance level information only, if the Lighting Administrator finds
that the illuminance levels conform to this Article. For all other exterior lights which must conform to the requirements
of this Article, an application shall be made to the Lighting Administrator, showing location, type, height, lumen
output and illuminance levels.
B. The Lighting Administrator shall review any new exterior lighting or any existing exterior lighting on subject
property that is part of an application for design review, conditional use permit, planned unit development, subdivision
approval, applicable sign permits or building permit, to determine whether the exterior lighting complies with the
standards of this Article.
C. The Lighting Administrator shall convey in writing a recommendation whether the exterior lighting complies
with the standards of this Article to the Building Official, the Sun Valley Planning & Zoning Commission, or the Sun
Valley Mayor and City Council, as the case may be, before any review or hearing on a building permit, design review,
conditional use permit, planned unit development, subdivision application, or applicable sign permit.
D. For all other exterior lighting which must conform to the requirements of the Sun Valley Exterior Lighting
Ordinance, the Lighting Administrator shall issue a decision whether the exterior lighting complies with the standards
of this Article. All such decisions may be appealed to the Sun Valley Planning & Zoning Commission within thirty
(30) days of the decision.
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9-9D-6: VIOLATIONS
If the Lighting Administrator fords that any provision of this Article is being violated, the Lighting Administrator shall
give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the
occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery
or of the date of mailing of the notice. The Planning Department Staff shall be available to assist in working with the
violator to correct said violation. If the violation is not abated within the thirty (30) day period, the Lighting
Administrator may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations
of this Article. Such actions or proceedings shall be in addition to the Enforcement and Penalties provisions of Section
9-12-4 and Title 1, Chapter 4 of the Sun Valley Municipal Code.
SECTION 4: Subsection 9-10-2, REQUIRED INFORMATION, of Chapter 10, Design Review, of Title 9,
PLANNING AND ZONING, of the Sun Valley Municipal Code, is hereby amended by adding the underlined
Paragraph 3 in Subsection 9-10-2.1), to read as follows:
D. Specifications to be noted on the plans:
1. Exterior surface materials.
2. Proposed exterior color scheme; a color board shall be presented to the Commission, or designee, at
the scheduled meeting.
3. Exterior lighting plan, pursuant to Chapter 9, Article D of this Title 9.
SECTION 5. SAVINGS AND SEVERABILITY. If any section, subsection, paragraph, subparagraph, item,
provision, regulation, sentence, clause or phrase is declared by a court to be invalid, such actions shall not affect the
validity of this Ordinance as a whole or any part thereof other than the part declared invalid.
SECTION 6. CODIFICATION. The City Clerk is instructed pursuant to Section 1-1-3 of the City of Sun Valley
Municipal Code to immediately forward this ordinance to the codifier of the official municipal code for proper revision
of the code.
SECTION 7. REPEALER CLAUSE. All City of Sun Valley Ordinances or parts thereof which are in conflict
herewith are hereby repealed.
SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its approval,
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF SUN VALLEY, IDAHO, AND APPROVED BY
THE MAYOR this 15t' day of April, 2004.
ATTEST:
/s/
Jan C. Wellman, City Clerk
/s/
Jon Thorson, Mayor
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14-10-7: OUTDOOR LIGHTING:
A. Purpose: This section establishes standards and guidelines for minimizing the unintended and
undesirable side effects of outdoor lighting while encouraging the intended and desirable safety
and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines
to allow the minimum amount of lighting needed for the property on which the light sources are
located, while protecting the legitimate privacy of neighboring properties. The standards and
guidelines established in this section are also intended to promote the use of environmentally
sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures
and installation techniques to reduce light pollution.
B. Applicability: Except as provided elsewhere in this title, the design, placement, and use of all
outdoor lighting within the town limits shall conform to the standards and guidelines as set forth
in this section.
C. Definitions:
FULL CUTOFF: Light fixtures that do not emit light above the horizontal plane of the light
source.
LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant
energy in or near the visible spectrum.
LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this section, properties with
no more than three (3) dwelling units or employee housing units.
MULTIPLE -FAMILY AND COMMERCIAL PROPERTIES: For the purposes of this section, those
with four (4) or more dwelling units or employee housing units, commercial uses, or mixed uses.
OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a
building, including, but not limited to, light sources attached to any part of a structure, located on
the surface of the ground, or located on freestanding poles.
D. Lighting Regulations:
Quantity Of Light Fixtures: The maximum number of outdoor light sources for all properties is
subject to the requirements of the adopted building codes and design review.
For low density residential properties, the maximum number of light sources per lot shall be
limited to one outdoor light per one thousand (1,000) square feet of lot area. Light sources
which are no more than eighteen inches (18") above grade, as measured from the top of the
fixture to the finish grade below, and are full cutoff fixtures, may be allowed in addition to the
total number of permitted outdoor light sources.
Town of Vail
109 7/21/2015
2. Height Limits For Light Fixtures: Outdoor lights affixed to a structure shall not exceed the
height of the roof eaves. The maximum mounting height for light sources on a pole shall not
exceed twenty feet (20').
3. Full Cutoff: All outdoor lights shall be fully cut off to not emit light above the horizontal plane
of the light source. Outdoor lights must be Illuminating Engineering Society (IES) "full cutoff'
class, International Dark -Sky Association (IDA) approved, or have similarly recognized
verification of being full cutoff. Lights must be installed and maintained in such a manner that
the full cutoff is effective.
Exceptions: The following outdoor lights may be nonfull cutoff:
a. Uplighting fully contained by an overhanging building element that prevents the light from
emitting upward to the sky, when the light source is shielded from the sides.
b. Uplighting for flags when the light source is shielded from the sides.
c. Lights with a gas flame as the sole light source.
d. Lights specifically recommended by the Vail comprehensive plan.
4. Lighting Direction: All outdoor lighting shall be directed at the object intended to be
illuminated and away from adjacent properties and public ways. Outdoor lights shall be
directed downward, unless contained by overhanging building or landscape elements with the
light source shielded from the sides. Uplighting is allowed for flags when the light source is
shielded from the sides.
5. Energy Efficiency: All outdoor lighting shall comply with the town's adopted energy
conservation code.
E. Lighting Guidelines:
1. Compatibility: All outdoor lighting fixtures, fixture locations, and the color and intensity on the
lighting should be aesthetically compatible with the site and structures on which they are
located, the character of the surroundings, and with Vail's environment. Outdoor lighting must
also be consistent with any applicable design guidelines outlined in the Vail comprehensive
plan.
2. Light Pollution: All outdoor lights should be designed, installed, and maintained to minimize
the contribution of outdoor lighting to nighttime light pollution. Examples of low light pollution
fixtures are available from lighting manufacturers and organizations such as the International
Dark -Sky Association (IDA).
3. Energy Efficiency: Outdoor lighting should use the least number of light sources necessary to
achieve the safety and aesthetic purposes for the lighting. Outdoor lighting should utilize
energy efficient light sources of the lowest wattage feasible, and utilize energy efficient
technologies. Outdoor lighting should also be operated and maintained to eliminate any
unnecessary daytime use and to reduce nighttime use during nonbusiness hours and periods
of limited residential activity.
Town of Vail
110 7/21/2015
F. Prohibited Outdoor Lights:
1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or
use intermittent electrical pulsation.
2. Lights affixed to the top of the roof of a structure.
3. Neon, or similar gas filled, lights.
4. Laser source lights.
5. Searchlights.
6. Lights attached to vegetation, except decorative holiday lights.
7. Any lighting that could interfere with the public health, safety, or welfare.
G. Exemptions: The standards of this section shall not apply to:
1. Decorative holiday lights.
2. Sign illumination, as set forth in title 11 of this code.
3. Official government lighting, other than those owned and maintained by the town of Vail,
installed for the benefit of public health, safety, and welfare.
4. Outdoor lights associated with an approved special events permit.
5. Outdoor lights associated with an art in public places board (AIPP) approved public art
display.
6. Temporary construction zone work lighting associated with an approved building permit or
design review approval (construction zone security and egress lights are not exempt from the
provisions of this section).
7. Lighting identifying hazards or road construction. (Ord. 21(2008) § 1)
Town of Vail
111 7/21/2015
►owx of vn' 1[1
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: Information Update:
1) Draft CSE Minutes from July 1, 2015
2) VEAC Minutes from July 14, 2015
ATTACHMENTS:
070115 DRAFT CSE Meeting Minutes
071415 VEAC Meeting Minutes
7/21/2015
TOWN OF VAIL
Commission on
Special Events
DRAF '
COMMISSION ON SPECIAL EVENTS MEETING
Vail Town Council Chambers
Wednesday, July 1, 2015 @ 8:30am
CSE Members Present:
Barry Davis
Jeff Andrews
Mark Gordon
Rayla Kundolf
Shenna Richardson
Marco Valenti
Alison Wadey
Town of Vail Staff Present: Sybill Navas, CSE Coordinator
Kelli McDonald, Economic Development Manager
Kristen Bertuglia, Environmental Health Manager
Suzanne Silverthorne, Town of Vail Information Director
Others Present: Laura Waniuk, Event Liaison
Margaret Rogers, Vail Town Council
Dave Chapin, Vail Town Council
John Knight, World Youth Fly Fishing
Ross Iverson, Vail Leadership Institute
Kip Tingle, VRD
Beth Pappas, VRD
Missy Johnson, Highline
Peggy Wolfe, Highline
Brooke Skjonsby, Vail Resorts
Liz Condo, Gorsuch
Brady Schlichting, Gorsuch
Sandra Perrig, Vail Valley Partnership
AGENDA:
Meeting materials can be accessed after June 26 at the following link:
httD://65.38.144.10/WebLink8/0/fol/321728/Row1.asgx
CSE Chair, Barry Davis, called the meeting to order at 8:31 am
CSE Minutes
Regular Meeting: July 1, 2015
Page 1 of 6
7/21/2015
Administrative Items
Approval of the Minutes of the CSE's Meeting on June 1, 2015
Motion to approve the minutes of the CSE Meeting, May 6, 2015, as
presented.
M/S/P: Gordon/Kundolf/Unanimous The motion passed 7-0
Financial/Contract Overview
Reminder: Joint Meeting with VEAC on Tuesday, August 11 @ 8:00 a.m.
Topics proposed for discussion: Review Draft RFP, 2015 recap info to date
Event Liaison Report: Laura Waniuk
Please see full presentation for further information.
Update on World Fly Fishing Championships and World Youth Fly Fishing
Championships: John Knight
Knight traveled to Bosnia for the World Championships where 31 countries participated
There is excitement about 2016, because the US is the iconic fly fishing destination.
Although it's a Championship, it's about the habitat and conservation. Ten teams have
signed up so far, Knight is trying to get 25 teams to attend. The US team won the Silver
medal and a member of the US team won a bronze. Knight explained the event
program, details, timing and educational symposium. Discovery Channel is coming to
Vail to record the championship event and air it on their channel.
Highline: Vail America Days update
The parade spots were filled by June 4; there is a waitlist for 8-10 more participants.
The theme "Celebrate the USA: Great Moments in History" is great for creativity. There
is a slight re -adjustment of order of participants based on parade pacing. Volvo signed
on as a sponsor and is a big part of marketing. Fireworks will be a choreographed show
with music and will last about 18 minutes. The music will be played on KZYR. The show
will start at dusk, between 9:40-9:50.
Event Recaps
Spring Back to Vail: Missy Johnson, Highline
New event template and process was utilized. The concerts at Solaris were very
popular. The expo village is a great added asset; Vail Mountain held a luau to increase
options for attendees. There was a variance in attendance, based on the Vail Resorts
surveying and numbers on the mountain. In 2016 they plan to shift the event to a one
day end of season celebration, targeting the proper demographic. The three day event
footprint will be moved to off-peak time.
Motion to approve the final funding disbursement for Spring Back to Vail
M/S/P:/Kundolf/Valenti/Unanimous The motion passed 7-0
Vail Whitewater Kayak Series: Beth Pappas VRD
CSE Minutes Regular Meeting: July 1, 2015 Page 2 of 6
7/21/2015
Pappas stated that the partnership worked well with the VRD and Alpine Quest Sports,
they grew participation by 45%. This year the weekly average was 36 participants, last
year 24. There were about 150 spectators per event this year, good growth to attract
more sponsors. Beverage sponsor and after parties were a success with participants
and spectators. Stand -Up Paddleboard contest grew their social media reach. Areas for
growth: Increase participation by marketing to other communities, and grow spectator
numbers. Navas asked if they would consider a longer course multiple times next year
and Pappas said yes, that will be a consideration. The diversity of races was well
received by the competitors. Wadey mentioned to Pappas to incorporate local rafting
team that just won the National Championships and will be representing the US at
Worlds. Use this local team to leverage more participants sponsors for next year's
event.
Motion to approve the final release of funds to the Vail Whitewater
Kayak Series
M/S/P:/Kundolf/Valenti/Unanimous The motion passed 7-0
Develop CSE Recommendations for Venue Improvements
Cultural/Educational Center, Vail Athletic Field: Sand courts, fencing; LH Concert Sites,
"Rocks" at Solaris, other?
• Cultural/Education Center: Rogers reminded the board that the Town Council has
asked the CSE to undertake researching the needs and bring forth a more
specifically defined concept to the Town Council prior to budget deadlines. Kundolf
explained her opinion on the need for the venue and what should be included in
order to meet the needs. She said that we need a facility to address many concerns
and types of events. Davis mentioned that the role of the CSE is to figure out what
we're missing in town to hold events and cutting edge programming. Navas
explained what types of previous venues existed in the town a number of years ago
and now there is a real need for something similar. Gordon suggested researching
how many things we are missing because we "don't have a facility." McDonald said
a good example is the Film Festival; they are spread all over town and there is not
just one location that will work for that event. The CSE should make a list of the
events that are not hosted here because of lack of facilities. Wadey stated that it's
important to work with the local community and partners to determine what they
need as well.
Discussion about how many seats would be suited for a new facility, the ideal is
around 500 seats. The Vilar center is 450 seats. Andrews was discussing the space
and how it could be used for additional break out rooms. The Vail facility could
possibly be used other days of the year for other events; it's not just a theater. Davis
stated that it could be used as a shared works pace/flexspace as well. It also opens
up opportunity to bring people into the community with options for a flexible
workspace.
CSE Minutes Regular Meeting: July 1, 2015 Page 3 of 6
7/21/2015
Iverson from the Vail Leadership Institute and Vail Centre spoke about the
importance of bigger partners and strategy outside the valley. Vail could become a
learning destination on the western slope. Perhaps there could be a public/private
partnership. They are approaching it from an economic standpoint. They would
prefer to partner with Vail to make this happen.
Davis asked what Iverson's wish list is, Iverson stated that it's more connected to
strategy and the tactics follow. The comparison against other ski resorts is a good
strategy. Wadey suggested that it would be a good idea to hear Iverson's
presentation. The joint VEAC/CSE meeting is when Iverson's presentation will be
shown. There will be smaller work sessions with participants from the CSE. Vail has
lost some key exhibits and other events due to lack of venue.
Chapin told the CSE not to get frustrated working through this venue process, figure
the venue out, public/private is ideal. He found the comments about the size of the
venue very interesting. He mentioned that he was curious about what Vail has
missed that we don't even know about yet. Iverson asked about what will happen in
November after the elections. Could there be a process change with new members
of the town council. Chapin said he did not think that would effect the situation. CSE
decided to continue the discussion via email and cc: TOV Staff.
Wadey invited the CSE to attend the Vail Chamber and Business Association meeting
on July 23 where Ross Iverson will speak to this issue.
Questions followed regarding Mountain Plaza and its usage by the Town of Vail and
what opportunities there are to use it. Navas stated that it's private property and the
Town has no rights to it. Vail Resorts is the owner, and has often allowed event uses,
including GoPro Climbing events and the Kids Adventure Games. There are other open
areas in town, just depends on usage, events, ownership. Valenti asked about the
fencing at the Vail athletic field, Navas explained that there is a need for safety for
people not running into the road after errant ball, especially now with the increased level
of bus service.
• Recommendation for Improvements to Existing Venues: Navas informed the
CSE that the Economic Development staff has developed a list of venue
improvements in collaboration with the ERC and is suggesting that these be
included in the 2016 Town of Vail budget. She requested the CSE's expression of
support for these items that will provide alternate venue options, promote improved
safety, and minimize public impacts :
• Develop concert options in Lionshead
• Replace the "rocks" at Solaris
• Fencing at the Vail Athletic field
• Sand Courts: 2 additional @ Vail Athletic Field
Motion to recommend to the Vail Town Manager and the Finance
Department that the Town of Vail consider budgeting for improvements to
CSE Minutes Regular Meeting: July 1, 2015 Page 4 of 6
7/21/2015
existing infrastructure to support special events for improved safety and to
minimize public impacts, as presented. M/S/P: Gordon /Kundolf /Unanimous
The motion passed 7-0
Strategy Discussion
• Finalize 2016 RFP direction/strategy
• Review annual schedule of events for windows of opportunity
Analyze balance between quantity and quality of events
Navas introduced the documentation for the discussion. Gordon mentioned that he
would appreciate feedback from promoters on the funding process, which was
discussed last year. Navas suggested having a casual meeting with the producers in
person. Kundolf stated she would rather have it sent out to all producers; a survey will
get more meaningful responses.
Davis asked how the CSE felt about continuing funding in 2016 for the survey process
for events. Navas asked about the cost of the surveys, most likely it will be a similar cost
as 2015. The CSE feels comfortable and would recommend spending on surveys for
2016. Navas stated that the analytics are consistent and universal for each 2015
surveyed event.
Navas answered Davis' question about event quantity versus quality and she said that
there is a general community consensus that there is a lot going on during the year.
Gordon stated that it's up to strategy and understanding that the town has a certain
capacity threshold. Navas mentioned that we should include the 2015 events calendar
grid with the 2016 RFP. Davis asked to include 2010-2014 calendars as well.
Add to the RFP letter:
• The CSE is looking for creative ways to fill off peak times during the year
• The CSE is looking for mid -week programming
Add to RFP application: Are the dates of your events flexible?
Add to recap guidelines: "Successes and Opportunities" in lieu of "Strengths and
Weaknesses"
New Business and Community Input
Condo, representing Gorsuch, stated that there is a concern about the Spring Back to
Vail event and that it was a challenging time for retailers. It's gotten out of hand with
costumes and marijuana, the ski patrol and the town of Vail try to contain it.
Kundolf stated that the Farm to Table Dinner was great and it was sold out.
Wadey mentioned that Waniuk should let the producers know that they can also drop
flyers and posters at the Vail Chamber & Business Association. McDonald stated that it
is the town staff's responsibility to educate the producers and their responsibility to
implement.
CSE Minutes Regular Meeting: July 1, 2015 Page 5 of 6
7/21/2015
➢ Motion to Adjourn at 11:13 am
M/S/P: Kundolf/Wadey/Unanimous The motion passed 7-0
Next CSE Meeting:
Wednesday, August 5, 2015 @ 8:30 a.m.
Vail Town Council Chambers
CSE Minutes Regular Meeting: July 1, 2015 Page 6 of 6
7/21/2015
Vail Economic Advisory Council (VEAL)
July 13, 2015
MEETING MINUTES
VEAC Members Present:
Alison Wadey, Paul Wible, Bob Boselli, Rob LeVine, Greg Moffet, Laurie Mullen, Sarah
Franke, Michael Kurz, Kim Newbury, Matt Morgan, Chris Romer, Rayla Kundolf, Mark
Gordon, Matt Morgan. Margaret Rogers
VLMDAC Members Present:
Laurie Mullen, Skip Thurnauer, Beth Slifer, Jenn Bruno, Mark Herron, Michael Holton, Jamie
Gunion, Dale Bugby, Jim Kellen
Town of Vail Staff Present:
Stan Zemler - Town Manager, Kelli McDonald - Economic Development Manager, Laura
Waniuk — Event Liaison, Kathleen Halloran — Finance Director
Others Present:
Kristin Yantis (Malen Yantis Public Relations), Sam Krause (West Vail Liquors),
MollyMiddleton (Group 970), Jeremy Reitman (VVP),
Financial Report
Upon receipt of all sales tax returns, May collections are estimated to be down 5.9% from last
year and down 7.2% fcompared to budget.. RETT collections through June 29 total
$3,074,922 down 3.8% from this time last year and Halloran will continue to monitor. Across all
funds year -to- date total revenue of $32.2 million is up 8.6% from the amended budget and
down .3% from the prior year, mainly due to the decrease in Real Estate Tranfer Tax
collections.
Town Manager Report
• New underpass project is fully funded. CDOT contributed the balance. Work may start
in the fall.
• Golf Clubhouse informational meeting next week — Monday, July 20. Provide
construction schedule and review what was approved. September 8 the transition will
start.
• The Roost project will not move forward at this time, but they have seeded the area
and are returning it back to the original state.
• 2016 budget prelim discussion was held last week with the council. The budget will be
more conservative for 2016. Lodging numbers were flat, but revenue was up. TOV
departments are pulling their budgets together; the budget will be revisited in
September.
• Marijuana ordinance will be on next week's council agenda.
• Visitors from San Miguel de Allende arrive this week, most likely sign a Sister City
agreement.
VEAC Meeting — July 14, 2015 Page 1 of 2
7/21/2015
VLMDAC Joint Meeting
Discussion to include 2015 Objectives, 5 Year Strategic Plan, Travel Trends,
Millennials
See packet/presentation for detailed information.
Discussion regarding:
• Robust upscale night life is missing
• Need more affordable lodging
• Attract multi -generational groups/families
• Millennials spend the majority of the travel budget on experiences
• With other resorts visiting, we need to make sure that we ask them probing questions
as well, ask them about their strategy and analytics, Jackson Hole and Whistler have
different target and strategy
• Colorado Association of Ski Towns — meetings with other resorts to discuss issues
surrounding resorts
• There is a concern regarding Park City's competition, but they aren't as advanced as
Vail
• Creating different opportunity by future focus on master planning, redevelopment,
changes that may take place.
• Lodging Quality Assurance program has been a great tool.
• Perhaps the answer is having a new venue with music consistently
Citizen Input
None
Other Business
Adjournment
Next Meeting
Tuesday, August 11, 8:00 a.m„ Antlers Lodge, Joint Meeting with CSE
VEAC Meeting — July 14, 2015
Page 2of2
7/21/2015
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: Matters from the Mayor, Council and Committee Reports
7/21/2015
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: Meet with Avon Town Council
Discuss topics of regional interest, such as affordable housing, transit, and coordination of
special events and festivals.
Dinner to follow (5:00 p.m.)
7/21/2015
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402 (4)(b) - to receive legal
advice on specific legal questions; Regarding: Reggie D. Delponte Residence Trust No. 1, et
al, v. Town of Vail, Case Number 2014CV30404; 2) C.R.S. §24-6-402(4)(e) - to determine
positions, develop a strategy and instruct negotiators, Regarding: potential purchase of real
property.
PRESENTER(S): Matt Mire, Town Attorney
7/21/2015
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 21, 2015
ITEM/TOPIC: Adjournment (4:45 p.m.)
NOTE: UPCOMING MEETING TOPICS AND ESTIMATED TIMEFRAMES BELOW (ALL ARE
APPROXIMATE DATES AND TIMES AND SUBJECT TO CHANGE)
THE NEXT REGULAR VAIL TOWN COUNCIL MEETING WORK SESSION WILL BEGIN AT
APPROXIMATELY 12:30 P.M. (or TBD), TUESDAY, AUGUST 4, 2015 IN THE VAIL TOWN
COUNCIL CHAMBERS.
Ongoing agenda items
DRB/PEC updates WS - 15 min.; Information Updates Attachments: WS - 15 min.; Executive
Session items: 30 min.; Consent Agenda: 5 min.; Town Manager Report: 5 min.
Future agenda items:
Special VLMD Meeting VLMD 2016 Operating Plan - WS - 9/1
Five Year Capital and Real Estate Transfer Tax Budgets - 9/1
2016 Budget Review (First Draft) - 9/1
Whistler Delegation Visit - 10/14
2016 VLMD and TOV Budget Resolution - ES - 10/20
Joint Meeting with VEAC (DestiMetrics Mountain Travel Update) - WS - 12/15
2016 CSE Funding Allocation Recommendation - ES - 12/15
Proposed future agenda items
EGE Air Alliance Update - TBD
Joint meeting with VLHA - TBD
CIRSA Charter Review - TBD
Cleanup Title 12, zoning amendments
Fee Schedule Revisions
TIF Update
7/21/2015