HomeMy WebLinkAbout2008-21 an Ordinance Amending Section 14-10-7, Outdoor Lighting, Vail Town Code, to Allow for Amendments to the Outdoor Lighting Standards
ORDINANCE NO. 21
SERIES 2008
AN ORDINANCE AMENDING SECTION 14-10-7, OUTDOOR LIGHTING, VAIL
TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE OUTDOOR
LIGHTING STANDARDS, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on January 22, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Town of Vail Zoning Regulations to
update the Town's existing regulations and to streamline the development review process; and,
WHEREAS, on August 25, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Zoning Regulations in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning
Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VI of the Staff memorandum to the Planning and Environmental Commission
dated August 25, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Development Standards, based upon Section VI of the
Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and
the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section VI of the Staff memorandum dated August 25, 2008; and,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated August 25, 2008, and the
evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 14-10-7, Outdoor Lighting, Vail Town Code is hereby established
as follows (text to be deleted is in s&ilEethxeugh, text that is to be added is bold) (all existing
images are to be deleted):
1 Ordinance No. 21, Series of 2008, second reading
• ,
'
. , FesodeRteally
, ,
two famoly, , FesmdeRtual ,
, faF the puFpeser, ef thi6
6eGt*en, .
G. -B@#nwt+eFl&:
FULL P
PeFGeRt o o
LUMINOUS . ,
OUT-DOOR • , ,
, , ,
, ,
9F lOGated eR fte-e-st-and-iRg peie&
201 IRCR I WEN& T-otal initial lamp IUFAeR6 9f the light 6OU
P. QLiaRtaty ef Loght FWUF%~
Quantity-. FOr 'Atr, rAr,@dRRt@Rl ;EGRe dirtFiGtS, thA maxerm, nUFRbeF Gf
Inght GeWrses peF lgt 6hall bA lornotAd tG 4. !UFGe peF eRe the-u-so.and-
(!,goo) squ fAAt nf Ini,
leet al let aFea, •
, 69
.
above grade,
2 Ordinance No. 21, Series of 2008, second reading
11
1 1
/ ,
1
f lOGatmen,
Tp~p~
1 the
1 ,
1
with th'FS'V VQV:
11
f
1
I ,
1 T-he ' f leGatoon,
tA-d@61gR--F6W6W-
H9 y ~pht I=imi1~o fn iv~ r Ih~} Civ4~ ire :
u i n c v
'
ZORe r
'
F. ' e
. '
' , Reyely'ng • , i f i
SGintillate, bionk, , YaFy f
zene f i
3 Ordinance No. 21, Series of 2008, second reading
. Sign , .
• , safety,
W91faFe.
. ,
"
With' . M. . ,
, ,
lighting,
Ti41o 12 nf +hir nnrle
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, low density residential properties shall be defined as
properties with no more than three (3) dwelling units or employee
housing units.
4 Ordinance No. 21, Series of 2008, second reading
MULTIPLE-FAMILY AND COMMERCIAL PROPERTIES: For the
purposes of this section, multiple-family and commercial zoned
properties shall be defined as 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.
1. 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.
2. Height Limits for Light Fixtures: Outdoor lights affixed to a
structure shall not exceed the height of the roof eave. 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 cutoff 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 cuttoff. Lights must be installed
and maintained in such a manner that the full cutoff is effective.
Exceptions: the following outdoor lights may be non-full cuttoff:
a. Up-lighting 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. Up-lighting 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.
5 Ordinance No. 21, Series of 2008, second reading
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. Up-lighting 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 minimi2e the contribution of outdoor lighting to
night time 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 day-time use
and to reduce night time use during non-business hours and
periods of limited residential activity.
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. Search lights.
6. Lights attached to vegetation, except decorative holiday lights.
7. Any lighting that could interfere with the public health, safety, or
welfare.
6 Ordinance No. 21, Series of 2008, second reading
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.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of October, 2008 and a public
hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
7 Ordinance No. 21, Series of 2008, second reading
91'A
Richard D. Cle yor
Attest: O~N p~
L
.
= ~'9<
.
r i Donal son, Tov,/n Clerk SEA L,.
:
~ ~
READ AND APPROVE-D ON SECO AND ORDERED PUBLISHED this
18th day of November, 2008
~4L4ll Richard D. CI velan , ayor
Att t:
.
'~pW N •p~G
6AUl
or lei Donaldson, Town Clerk
.
s ~r
. j
`'o~•••........••.
ORApp
g Ordinance No. 21, Series of 2008, second reading