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9-9-16 Lighting, Outdoor.

(a) Purpose: The purposes of the outdoor lighting standards are to:

(1) Provide adequate light for safety and security;

(2) Promote efficient and cost effective lighting and to conserve energy;

(3) Reduce light pollution, light trespass, glare, and offensive light sources;

(4) Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky so that people can see the Milky Way Galaxy from residential and other appropriate viewing areas;

(5) Prevent inappropriate, poorly designed or installed outdoor lighting;

(6) Encourage quality lighting design; light fixture shielding, establish maximum uniformity ratios and establish maximum light levels within and on property lines; and

(7) Establish an amortization program to remove or replace light fixtures that exceed the requirements permitted by this section.

(b) Legislative Findings Regarding The Amortization Provisions: The city council adopts the following findings regarding the amortization provisions of this section:

(1) On balance, that the burdens created to individual property owners by the amortization provisions of this section are greatly outweighed by the benefits that will be provided to all of the citizens in and visitors to the City of Boulder and areas that are in close proximity to the City of Boulder. The value of the fixtures required to be replaced by this section are minimal, and that on balance, the burden placed on the property owner is minimal, given the value of such fixtures against the benefits gained by such replacement, which is a substantial decrease of unnecessary light pollution.

(2) The amortization period, based upon the formula that is used by the United States Internal Revenue Service to depreciate fixtures attached to real property over a fifteen year period, is reasonable and provides a rational basis for the amortization schedule set forth in this section.

(3) The adopted amortization periods, together with an opportunity for extensions beyond the time periods set in this section will allow the property owner to recoup or recover costs or otherwise reap the benefits of the useful life of such improvements in a manner that is consistent with the generally accepted methods of depreciating fixtures utilized by the United States Internal Revenue Service.

(c) Scope: This section shall apply to all exterior lighting including illumination from outdoor signs that impact the outdoor environment. No person shall install any light fixture unless such fixture meets the requirements of this section.

(1) Conformance At The Time of Building Permit Application: Compliance with the requirements of this chapter shall be required for all new development. The following outdoor lighting improvements shall be installed prior to a final inspection for any building permit for any redevelopment which exceeds the following thresholds:

(A) When development or redevelopment, exceeds twenty-five percent of the Boulder County Assessor's actual value of the existing structure then all existing unshielded exterior light fixtures shall be retrofitted with shielding to prevent light trespass.

(B) When development or redevelopment exceeds fifty percent of the Boulder County Assessor's actual value of the existing structure then:

(i) All exterior lighting, except existing parking lot lighting, shall be brought into conformance with the requirements of this section; and

(ii) All existing parking lot light fixtures shall be retrofitted with shielding to prevent light trespass.

(C) When development or redevelopment exceeds seventy-five percent of the Boulder County Assessor's actual value of the existing structure then all exterior lighting fixtures shall be brought into full conformance with the requirements of this section.

(2) Replacement of Fixtures: If an existing light fixture is removed, it shall only be replaced with a conforming light fixture.

(d) Design Standards: No person shall install or maintain any exterior lighting that fails to meet the requirements of this section:

(1) Maximum Light Levels At Property Line: The maximum light level at any point on a property line shall not exceed 0.1 footcandles within or adjacent to a residential zone or 0.2 footcandles in nonresidential zones except as follows:

(A) The light emitted by light fixtures mounted on a structure built within five feet of a public street right-of-way or sidewalk, shall not exceed the maximum allowable light levels for "pedestrian areas" specified in subsection (e) of this section for the underlying zoning district or use. The maximum allowable light level shall include any existing or proposed street or pedestrian lighting located within the right-of-way. In no case shall the maximum allowable light level within the right-of-way, excluding street lights, exceed 0.2 footcandles when measured at the curbline.

(B) In nonresidential zoning districts, unless a variance has been granted, light levels exceeding 0.2 footcandles at the property line may be approved by the city manager upon finding that the increased light levels will not adversely affect an adjacent property owner. Evidence that the light will not adversely affect an adjacent property owner may include, without limitation, a statement from such property owner that it will not be adversely affected by the increased light levels. The maximum allowable light levels specified in subsection (e) of this section shall not be exceeded when measured on the property line.

(2) White Light Source Required: White light sources that include, without limitation, metal halide, fluorescent, or induction lamps, but excluding incandescent and halogen lamps, shall be required for any light fixture which exceeds two thousand four hundred lumens that is within a parking lot, vehicular circulation, or pedestrian use area.

(3) Use of High Pressure Sodium Lamps: Full cutoff high pressure sodium lamps, not exceeding a maximum lumen rating of sixteen thousand lumens, may be used in outdoor storage areas and other similar use areas not accessible to the general public and the need for good color rendering capabilities for safety and security is not necessary.

(4) Architectural Lighting of Building Facades: The lighting of a building facade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions:

(A) Upward aimed building facade lighting shall not exceed nine hundred lumens. All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible.

(B) Building facade lighting exceeding nine hundred lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible.

(C) Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated.

(D) Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels.

(5) Unshielded Lighting:

(A) Unshielded lighting that emits more than nine hundred lumens but less than or equal to one thousand two hundred lumens is permitted provided that it is activated by a motion sensor and provided it is aimed and located in such a manner as to prevent glare and light trespass. The light shall only go on when activated and go off within five minutes of activation. Motion sensor activated lighting shall not be triggered by any movement or activity located off the property on which the light is located.

(B) All lamps and bulbs less than nine hundred lumens located in residential zones shall be within a fully shielded fixture, or must be within a light fixture where the bulb or lamp are obscured from view by a material that diffuses the light. (i.e., frosted or milk colored materials), except as otherwise permitted in this section. (See figure 9-25 of this section.)

Figure 9-25: Fully Shielded Fixtures

Examples of fully-shielded light fixtures: Sconce, Pole, Canister, and Canopy. In each case the fixture has a solid housing with a flat lens or bottom and the bulb is fully within the housing.

(6) Signs: All exterior signs shall be required to meet the standards for this section. In addition, all exterior signs are also subject to the requirements set forth in section 9-9-21, "Signs," B.R.C. 1981.

(7) Standards for Lights Adjacent to Residential Zoning Districts, Residential Uses or Public Right-of-Ways: Any light fixture located within ten feet of a property line, of a residential zoning district, an existing residential use, or within ten feet of a public right-of-way, except as permitted in subparagraph (d)(1)(A) of this section shall be:

(A) Aimed away from the property line, residential zone, residential use, and/or right-of-way;

(B) Classified as an IESNA Type III or Type IV light fixture; and

(C) Shielded on the side closest to the property line, residential zone, residential use, or public right-of-way.

(8) Canopy Lighting: Lighting fixtures mounted under canopies used for vehicular shelter shall be aimed downward and installed such that the bottom of the light fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. A full cutoff light fixture may project below the underside of a canopy. All light emitted by an under-canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. No lighting, except that permitted by the sign ordinance, shall be permitted on the top or sides of a canopy.

(9) Flagpoles: A flagpole meeting the requirements of section 9-9-21, "Signs," B.R.C. 1981, may be illuminated by one upward aimed fully shielded spotlight light fixture which shall not exceed three thousand five hundred lumens. The light fixture shall be placed as close to the base of the flagpole as reasonably possible.

(10) Strings of Lights: No person shall use a string of lights on property with nonresidential uses except as follows:

(A) Strings of lights may only be used if they are approved by the city manager as part of an outdoor lighting plan or landscape plan. The plan must comply with all of the standards of this subsection. The purpose of such lighting is intended to create pleasing pedestrian spaces, such as an outdoor dining or patio areas, utilizing low lighting levels.

(B) Strings of lights permitted under this subsection shall be displayed in compliance with the following standards:

(i) The string of lights contains only low wattage bulbs that are not greater than fifty lumens per bulb (equivalent to a seven watt C7 incandescent bulb);

(ii) The string of lights shall be located within a pedestrian way, plaza, patio, outdoor dining area, or the primary entry into a building;

(iii) The string of lights is not placed in any required landscape setback adjacent to a street;

(iv) The string of lights shall be displayed on a building, wall, fence, trees, and shrubs; and

(v) The string of lights shall not suspend horizontally between any buildings, walls, fences, trees, or shrubs (for the purposes of this paragraph, "horizontally" means any portion of the suspended string which dips less than forty-five degrees below the horizontal).

(11) Parking Lot Lights and Trees: Parking lot light fixtures and poles shall be located such that trees located within the parking lot do not obscure the operation of the light fixture.

(12) Full Cutoff Fixtures: Full cutoff fixtures shall be installed in a horizontal position as designed.

(e) Maximum Light Standards: No person shall operate any device which makes light in excess of the levels specified in this section. Light from any fixture shall not exceed any of the limits for the applicable zoning district or use classification in tables 9-10 and 9-11 of this section. In the event an applicant utilizes light levels at the highest level permitted for a specific use area, such lighting shall be substantially confined to that particular use area.

TABLE 9-10: ZONING DISTRICT REQUIREMENTS

TABLE 9-11: SPECIAL USE REQUIREMENTS

(f) Prohibitions: No person shall install any of the following types of outdoor lighting fixtures:

(1) Mercury vapor lamps;

(2) Low pressure sodium lamps, unless within six hundred feet of an existing astronomical observatory, which is owned or operated by a governmental entity;

(3) Blinking, flashing, moving, revolving, flickering, changing intensity or color, and chase lighting, except lighting for temporary seasonal displays, lighting for public safety or required for air traffic safety;

(4) Any light fixture that may be confused with or construed as a traffic control device;

(5) Any upward oriented lighting except as otherwise provided for in this section;

(6) Searchlights, beacons, and laser source light fixtures;

(7) Exposed linear lamps that include, without limitation, neon, Light Emitting Diode (L.E.D.), and fluorescent lighting, primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement except as permitted by section 9-9-21, "Signs," B.R.C. 1981; and

(8) Any lamp or bulb, except for seasonal displays and landscape ornamental lighting, which is visible beyond the property line on which it is located.

(g) Lighting Plans Required: A lighting plan shall be submitted with any building permit application in which outdoor lighting is proposed or required, except when all proposed lighting is provided by fixtures of nine hundred lumens or less, and except for a single detached dwelling unit on an individual lot. The lighting plan shall include:

(1) A site plan showing the location of all buildings and building heights, parking, and pedestrian areas on the lot or parcel;

(2) The location and description including mature height of existing and proposed trees and the location of light fixtures on adjacent properties or the street right-of-way within ten feet of the subject property;

(3) The location and height above grade of all proposed and existing light fixtures on the subject property;

(4) The type, initial lumen rating, color rendering index, and wattage of each lamp source;

(5) The general style of the light fixture such as cutoff, lantern, coach light, globe, and a copy of the manufacturer's catalog information sheet and IESNA photometric distribution type, including any shielding information such as house side shields, internal, and/or external shields;

(6) Control descriptions including type of controls (timer, motion sensor, time clock, etc.), the light fixtures to be controlled by each type, and control schedule when required;

(7) Aiming angles and diagrams for sports lighting fixtures; and

(8) A light calculation which shows the maximum light levels on a grid not to exceed ten feet by ten feet across the entire site and a minimum of ten feet beyond the lot or parcel property line. The grid shall also indicate maximum to minimum uniformities for each specific use area such as parking and circulation areas, pedestrian areas, and other common public areas.

(h) Final Inspection and Certification: Prior to a building permit final inspection or the issuance of a certificate of occupancy, the applicant shall provide certification that the outdoor lighting as installed complies with the approved illumination plan and the requirements of this section unless waived or amended by the city manager in writing. The certification shall be submitted in a format prescribed by the city manager. The certification shall be completed by the architect, electrical engineer, electrical contractor, or lighting consultant responsible for the plans or the final installation.

(i) Exceptions: The standards of this section shall not apply to the following types of exterior lighting:

(1) Ornamental Lighting: Low voltage (twelve volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batteries, where any single light fixture does not exceed one hundred lumens.

(2) Strings of Light: Strings of light, not exceeding a maximum of fifty lumens per lamp, (equivalent of a seven watt C7 incandescent light bulb) on properties located in all residential zoning districts or on properties that are used exclusively for residential uses shall be exempt from the requirements of this chapter.

(3) Aviation Lighting: Lighting used exclusively for aviation purposes. All heliport lighting, except lighting associated with emergency facilities, shall be turned off when the heliport is not in use.

(4) Right-of-Way Lighting: Public lighting that is located within the right-of-way.

(5) Seasonal Lighting Displays: Lighting displays from November 15 through January 30 of the following year.

(j) Variances and Exemptions: The city manager is authorized to grant variances to this section in accordance with the following standards:

(1) Equivalent Material: The provisions of this section are not intended to prevent the use of any design, material or method of installation not specifically prohibited by this section provided any such alternate has been approved by the city manager. The city manager may approve any such alternate provided that the proposed design, material or method provides an approximate equivalent method of satisfying the standards of this section.

(2) Variance: The city manager may grant a variance from the provisions of this section if the city manager finds that one of the criteria of subparagraph (j)(2)(A), (j)(2)(B) or (j)(2)(C), and subparagraphs (j)(2)(D) and (j)(2)(E) of this section have been met:

(A) There are special circumstances or conditions applying to the land, buildings, or outdoor light fixtures for which the variance is sought, which circumstances or conditions are peculiar to such land, buildings or outdoor light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood;

(B) For nonresidential uses, there are occupational safety lighting requirements for activities or processes that occur outdoors that are required by another governmental agency; or

(C) Upon a finding by the city manager that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants; and

(D) The granting of the variance will generally be consistent with the purpose of this section and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

(E) The variance is the minimum variance that provides the relief required.

(3) Temporary Lighting Exemption: The city manager may grant an exemption from the requirements of this section for temporary outdoor activities that include, without limitation, fairs, carnivals, sporting events, concerts, and promotional activities, if the city manager finds the following:

(A) The length of time that the temporary lighting is to be used is not longer than thirty days;

(B) The proposed lighting is designed in such a manner as to minimize light pollution, light trespass, and glare as much as feasible; and

(C) The proposed lighting will comply with the general purpose of this section.

(k) Amortization: All exterior lighting fixtures which do not conform to the following standards shall be brought into conformance no later than fifteen years from the date of adoption of this section, July 15, 2003.

(1) Extension of Amortization Period: The city manager may extend the amortization period of this section. The city manager shall provide a compliance date for meeting the requirements of this section under a plan whereby the owner's actual investment in the improvements before the time that the use became nonstandard under this section can be amortized within a definite time period. The city manager shall consider the following factors in determining a reasonable amortization period:

(A) The owner's investment in improvements and other assets on the property before the time the improvements became nonstandard.

(B) Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, and reconstruction expenses.

(C) Any return on investment since inception of the use, including net income and depreciation.

(D) The anticipated annual recovery of investment, including net income and depreciation.

(2) Compliance Requirement: If the city manager establishes a compliance date for a nonconforming use, the use must cease operations on that date and it may not operate thereafter unless it meets the lighting standards of the Boulder Revised Code.

(3) Appeal: A property owner that requested the extension of an amortization period under this section that is aggrieved by any decision of the city manager denying such an extension may appeal to the BOZA by providing a notice to the city manager of the owner's intent to appeal within fourteen days after receiving notice of the city's decision. The hearing shall be held in conformance with the requirements of subsection 9-2-3(g), B.R.C. 1981.

(4) Exempt From Amortization Requirements: The following shall be exempt from the amortization provisions, but not the shielding requirements, of this section:

(A) Existing high pressure sodium and metal halide light fixtures which do not exceed the maximum allowable light levels of subsection (e) of this section by more than twenty percent;

(B) Existing high pressure sodium and metal halide light fixtures mounted on poles which exceed the maximum allowable pole heights of subsection (e) of this section, but do not exceed thirty-five feet in height, and do not exceed the maximum allowable light levels of subsection (e) of this section;

(C) Existing high pressure sodium and metal halide light fixtures which exceed the maximum lumen ratings of subsection (e) of this section, but comply with the maximum allowable light levels of subsection (e) of this section.

(5) Special Amortization Requirements: Notwithstanding the fifteen year amortization period set forth above, the following types of fixtures or bulbs shall be replaced sooner, as follows:

(A) Replacement of Unshielded Mercury Vapor Light Fixtures: Existing unshielded mercury vapor light fixtures shall be removed or replaced with a light fixture that meets the requirement of this section by September 1, 2005.

(B) Replacement of Bulbs: To the extent that compliance with this section can be achieved by replacement of a light bulb, the light bulb shall be replaced with one that meets the requirements of this section upon its failure or on September 1, 2004, whichever is earlier.

(C) Aiming of Fixtures: To the extent that compliance with this section can be achieved by re-aiming a fixture, such fixture shall be re-aimed by September 1, 2004.

Ordinance Nos. 6017 (1998); 7297 (2003); 7484 (2006); 7522 (2007); 7568 (2007); 7577 (2007)