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TITLE 13 Land Development Code

CHAPTER 13.09 Sign Code

13.09.080 Supplemental sign standards.

(a) Illumination of permanent and temporary signs.  Permanent and temporary signs shall be permitted to be illuminated in compliance with the following:

(1) Signs shall not include animated, flashing, moving or intermittent illumination, except that the messages may change no more frequently than the rates specified in Subparagraphs 13.09.050(2)a and 13.09.060(3)b.

(2) Temporary signs shall not be internally illuminated.  Any external illumination of these signs shall be permitted only on nonresidential parcels.

(3) All internally illuminated building signs or freestanding signs shall comply with the following:

a. Except as provided in Subparagraph c or d below, the sign shall be constructed with either:  an opaque background and translucent letters and symbols or a translucent darker- colored background with a lighter contrasting color for the letters and symbols.  Registered trademarks and logos are exempt from this provision.

b. No internal lighting shall include exposed incandescent or fluorescent bulbs.

c. A changeable copy sign with dark-colored letters or symbols on a lighter contrasting translucent background may be internally illuminated if the internally illuminated area of the total sign area does not exceed twenty (20) square feet.

d. Internal illumination shall not be permitted within the Greater Downtown District, specifically the Historic and Pikes Peak Districts, unless such permission is received pursuant to and in accordance with a sign program approved and adopted by the Planning Commission.

(4) The external illumination of freestanding signs shall comply with the following:

a. Any external lighting of signs that have a height of between eight (8) feet and fifteen (15) feet must be from the top of the sign and directed downward.

b. The lighting of signs that have a height of eight (8) feet or less may be illuminated from the top of the sign or from the ground.

(5) Externally illuminated building signs may only be illuminated from the top of the sign.

(6) Light sources for externally illuminated signs must be shielded and directed so that the light shines on the sign and that illumination beyond the sign face is minimized.

(7) Freestanding signs accessory to a single-family dwelling, duplex or townhome use shall not be illuminated.

(8) Signs on a residential building or parcel that has multi-family uses shall not be internally illuminated.

(9) For signs on permitted nonresidential uses in residential districts, the illumination may be from external sources or by internal illumination of the letters and logos only; internal illumination of the background portion of the sign is prohibited.

(10) If a registered trademark or logo is not in compliance with the illumination requirements of this Section, then such area of noncompliance shall be limited to a maximum of thirty percent (30%) of the sign area.

(11) Exposed neon or LED illumination resembling exposed neon shall only be allowed if approved pursuant to a planned sign program.

 

CHAPTER 13.10 Development Standards and Practices

13.10.140 Lighting standards.

(a) Definitions.  For the purpose of this Section, the terms listed below shall have the following meaning; provided, however, that in the event there is a conflict between the definitions set forth below and the definitions contained in Section 13.02.010, the definitions in this Section shall apply:

Active storage area means a commercial site that remains open to the public after 5:00 p.m. and is used to store the personal property of various individuals.

Decorative luminaire means the luminaires used for aesthetic or landscaping purposes that include Parker-style lights, ballards, carriage-style or other luminaires with less than fifteen hundred (1500) lumens.

Fixture means the assembly that houses the lamp(s) and can include all or some of the following parts:  a housing, a mounting bracket or pole socket, a ballast, a lamp, a reflector or mirror and/or a refractor lens.

Floodlight or spotlight means a light fixture or lamp that incorporates a reflector to concentrate the light output into a directed beam in a particular direction.

Foot-candle means a unit of light or density when the foot is the unit of measure.  One (1) foot- candle (fc) equals one (1) lumen per square foot of area.  When metric units are used, lux is the unit of light quantity.  One (1) lux equals one (1) lumen per square meter of area.  One (1) foot- candle equals ten and seventy-six hundredths (10.76) lux.  For the purpose of establishing consistent measurements, both foot-candles and lux are measured at finished grade

Full-cutoff luminaire means a luminaire that allows no light emission above a horizontal plane through its lower light-emitting part.

Glare means light emitted without a lens or through a clear lens from a luminaire with an intensity great enough to reduce a person's ability to see, and in extreme cases to cause momentary blindness.

High activity parking lot means a facility adjacent to a high pedestrian or vehicular traffic area such as a fast food restaurant, recreation center, mall or other shopping center.

Horizontal plane means an imaginary line drawn across the bottom of a light fixture above which no light shall be emitted.

Inactive material storage area means a commercial site that is not open to the public after 5:00 p.m. and is generally used to store the merchandise or equipment that belongs to the business.

Light trespass means the shining of more than one (1) foot-candle of light produced by a luminaire which shines beyond the boundaries of the property on which the fixture is located.

Lumen means a unit of luminous flux.  One (1) foot-candle is one (1) lumen per square foot.

Luminaire means the complete lighting system, which includes the lamp(s) and fixtures.

Luminaire height means the measurement from a paved or landscaped surface at ground level directly under the fixture to the top of the luminaire.

Medium activity parking lot means a facility adjacent to a pedestrian or vehicular traffic area such as a park-n-ride, a sit-down restaurant, Town facility or office building.

Principal display means those outdoor areas where active nighttime sales activity occurs and where accurate color perception of merchandise by customers must occur.  To qualify as a principal display area, one (1) of the following specific uses must occur:  motorized vehicle sales, boat sales, gardening or nursery sales, outdoor gasoline sales.  Uses not on this list must be approved as principal display area uses by the Planning Director.

Shielded-fully luminaire means a light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of ninety degrees (90º) for street lighting and of eighty degrees (80º) for all other lighting through the luminaire's lowest component that emits light.

Shielded-partially luminaire means luminaires that are shielded or constructed so that no more than ten percent (10%) of the light rays are emitted by the installed fixture at angles above the horizontal plane.

Uniformity ratio relates to how evenly light is distributed on any given site.  A uniformity ratio is usually expressed in average foot-candles of illuminance on a paved area to the foot-candles at the point of maximum or minimum illuminance on the same site.  For example, an average to minimum uniformity ratio of 6:1 requires that the average foot-candle level of the luminaire is not greater than six (6) times the minimum level.  In other words, the minimum cannot be less than one-sixth (1/6) the average.  If the average is twelve (12) foot-candles, the minimum should be no less than two (2).

(b) Intent.

To provide for the safety of citizens by providing adequate lighting in public areas, to minimize light pollution by focusing lights in desired directions and to establish a uniformity of lighting used within various districts to minimize the need for the eye to adjust to different levels of light.

(c) General standards.

(1) Outdoor lighting shall not be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares, including:

a. Any fixed light not designed for roadway illumination that produces direct or reflected light that could be disturbing to the operator of a motor vehicle.

b. Any light that may be confused with or construed as a traffic control device except as authorized by a state, federal or Town government.

c. Any blinking, flashing or changing intensity lights.

(2) Searchlights and rotating beacons are not permitted.

(3) The maximum height of any luminaire shall not exceed thirty (30) feet.

(4) Luminaries installed along collector streets shall not exceed twenty (20) feet in height.

(5) Luminaires installed along trails or pedestrian areas shall not exceed fifteen (15) feet in height.

(6) Luminaires installed along collector streets shall not exceed the equivalent of thirty-five thousand (35,000) lumens.

(7) A maximum of one (1) foot-candle is allowed at the lot line of any site.

(8) All stadium and all other exterior sports arena lights used for the purpose of illumination of the playing areas shall be extinguished by 10:00 p.m. or immediately after the conclusion of the final event of the day.  The remainder of the facility lighting, except for reasons of security, must be extinguished at 10:00 p.m. or within one (1) hour after the event, whichever is later, and remain extinguished until one (1) hour prior to the commencement of the next event.  Forreasons of security, however, a maximum average level of five (5) foot-candles at an entrance and one (1) foot-candle on the rest of the structure is permitted.

(9) A photometric site plan and cut sheets for all proposed exterior fixtures shall be included with the application requirements of subdivision of land or a site plan.  The photometric plan shall provide computer printout information that shows that the proposed feature meets the requirements of the Code and shall include, but not be limited to, the following:  maximum installed illuminance, uniformity ratio (average as compared to the minimum) and maximum and minimum illuminance.

(10) Classifications and details regarding light types for a luminaire, spotlight and decorative fixture are located in the Town of Parker Design Criteria Manual and are made a part of this Section by reference.

(11) Luminaires exceeding the equivalent of fifteen thousand (15,000) lumens shall be shielded.

(12) It is the responsibility of the property owner to maintain all exterior luminaries to keep them in good working order.

(13) Except for security purposes, outside lighting is prohibited in the Open Space District.  All outside lighting shall be consistent with the purpose of maintaining the open space values of the property and the lighting standards found in this Section.

(14) The maximum illuminance on any residential or nonresidential site (not including any site with a qualifying principal display area) is twelve point zero (12.0) foot-candles, maximum installed illuminance.

(d) Residential lighting standards.

(1) All lamps contained within any freestanding luminaire on a public or private street shall conform to the uniformity ratios included below.

Area
Uniformity Ratio (Average to Minimum)
Uniformity Ratio (Maximum to Residential Area Minimum)
Roadways, local
6:1

10:1

Walkways and bikeways
3:1
6:1
Parking lots
4:1
6:1
     

 

(e) Nonresidential lighting standards.

(1) Internal lighting shall be screened so that lamps are not visible from adjacent properties or public roads.

(2) Internal lighting shall not exceed five (5) foot-candles when measured ten (10) feet from the outside perimeter of the building with all outdoor fixtures turned off.

(3) Parking lots.

a. All freestanding luminaires within a parking lot shall be the same height unless the development contains two (2) or more buildings of different heights.  The height of the luminaire shall match the height of each of the buildings, and shall not exceed thirty (30) feet without Planning Commission approval.

b. The lamp contained within any freestanding luminaire within a parking lot or on a site shall not exceed fifty thousand (50,000) lumens and shall conform to the uniformity ratios included below.

Uniformity Ratio Uniformity Ratio
 (Average to Minimum) (Maximum to Nonresidential Area Minimum)
Roadways, local 6:1 10:1
Parking lots with vehicular traffic, medium activity 3:1 10:1
Pedestrian safety and orientation, medium activity lots 3:1 10:1
Pedestrian safety and orientation, high activity lots 3:1 10:1
Material storage areas, active 6:1 10:1
Material storage areas, inactive 10:1 20:1

Area
Uniformity Ratio (Ave. to Min.)

Uniformity Ratio
(Max to Non-residential Area Minimum.)

Roadways, Local
6:1
10:1
Parking lots with Vehicular Traffic (medium activity)
3:1
10:1
Pedestrian safety and orientation, medium activity lots
3:1
10:1
Pedestrian safety and orientation, high activity lots
3:1
10:1
Material storage areas, active
6:1
10:1
Material storage areas, inactive
10:1
20:1

 

c. All parking lot lights, except those required for security as provided herein, shall be extinguished within one (1) hour after the end of business hours and remain extinguished until one (1) hour prior to the commencement of business hours.  For reasons of security, a maximum of thirty percent (30%) of the total lights used for parking lot illumination may remain in operation during such period.  For land uses which contain a principal display area, the area of the photometric plan designated as "Principal Display" shall observe the described maximum of thirty percent (30%) of the total lights on site, and the area designated on the photometric plan as "Inventory and General Parking" shall observe a maximum of fifty percent (50%) of the lights being allowed to operate after business hours.

d. The setbacks from the property line shall be at least equal to the total height of the luminaire.

(4) Floodlights.

a. All floodlights shall be designed or retrofitted with shielding to focus the light so that it falls upon either the surface of the structure to be illuminated, on a freestanding sign, or on the ground.

b. All floodlights, except those required for security, shall remain extinguished until one (1) hour prior to the commencement of business hours.  For reasons of security, however, a maximum average level of five (5) foot-candles at entrances and loading docks and one (1) foot-candle on the rest of the structure is permitted.

c. The maximum intensity for floodlights shall not exceed the equivalent of thirty-five thousand (35,000) lumens.

(5) Photometric plans submitted in conjunction with a site plan for which a qualifying "Principal Display" area is proposed shall define two (2) areas of luminescent intent on site.  The first area shall be called "Principal Display" and shall not exceed thirty percent (30%) of the total site or development area.   The remaining area of the total site or development area shall be called "Inventory and General Parking."  Each area shall independently conform to the uniformity ratios specified in Paragraph (3)b. above  For the purposes of these requirements, the area described as "Inventory and General Parking," may have a uniformity ratio of 20:1 (material storage areas, inactive) at the discretion of the Planning Director, in view of the context of the situation. 

(6) For uses which propose a qualifying "Principal Display" area, the area designated on the photometric plan as "Principal Display" shall not exceed thirty-five point zero (35.0) foot candles, maximum installed illuminance.  The area designated as "Inventory and General Parking" shall not exceed twelve point zero (12.0) foot-candles, maximum installed illuminance.

(7) A five point zero (5.0) foot-candle increase in the maximum allowance is permissible if unforeseen design constraints dictate a necessity for this allowance.  The applicant will be required to receive approval of the justification for such a request from the Planning Director.  Such justification must come from a qualified lighting engineer stating why the thirty-five point zero (35.0) foot-candle maximum cannot be met. 

(f) Decorative lighting.

(1) The Parker-style streetlight shall be one of the predominant lighting fixture used in the Downtown Business District and along the Parker Road corridor.  A graphic depiction can be found in the Design Review Criteria Manual.

a. The lights are most appropriate for pedestrian areas or small scale sites.

b. Decorative lighting placed at the entrance to property or buildings shall be reviewed by the Planning Commission during the site plan process.

(2) Lamps are limited to fifteen thousand (15,000) lumens.

(g) Exemptions.

(1) Luminaires in residential areas which have a lamp of one hundred (100) watts or less.

(2) Traffic control devices and luminaires on these devices installed by the Town or other governmental entity.

(3) Temporary decorations or displays shall be allowed for a maximum of forty-five (45) days when such are clearly associated with any national, local or religious holiday or celebration.

(h) Nonconforming lights.  A nonconforming light may be continued and shall be maintained in good condition, but shall not be:

(1) Changed to another nonconforming light;

(2) Structurally altered;

(3) Altered so as to increase the degree of nonconformity of the light;

(4) Expanded or enlarged.

(i) Violations.

(1) Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this Section shall be fined an amount not to exceed four hundred ninety-nine dollars ($499.00) for each such violation, such fine to inure to the Town.  Each day of the documented existence of any situation held to be a violation shall be deemed an equal and separate offense.

(2) The Town may withhold certificates of occupancy, temporary or otherwise, for any use that installs luminaires that do not comply with this Section.  (Ord. 3.207 §§1—6, 2003; Ord. 3.01.49 §4, 2000; Ord. 3.122 §1, 1998)