HomeMy WebLinkAboutA012 - Additional Staff Report 40
STAFF REPORT
PROPOSED LIGHTING ORDINANCE
Background:
For about a year and one half, the staff has been working to bring to the City Council an
ordinance that would regulate private property lighting (these types of ordinances are
often referred to as "site illumination" ordinances). As Council is aware, the staff has
been assisted by a task force of four individuals that have served to provide input and
guidance in the preparation of the ordinance.
The issue of the lighting ordinance has been before the City Council on several
occasions for purposes of obtaining clarification as to the content of the ordinance. On
April 7, 1999, the Lighting Ordinance was presented to the Planning and Zoning
Commission for their recommendation. (This has been seen as necessary, since the
Lighting Ordinance will become a section of the Zoning Ordinance.)
The Planning and Zoning Commission recommended that the ordinance be approved
as it was written at that time, with the additional advice that the provision that requires
businesses to turn off illuminated signs after the business is closed be deleted from the
ordinance.
At the City Council meeting of April 27, 1999, the staff was directed to meet again with
the Lighting Task Force and the Chamber of Commerce. This direction came as a
result of a communication from the Chamber of Commerce requesting that the City
Council not take action on the ordinance until more discussion occur that would result in
the Chamber of Commerce being able to support the Lighting Ordinance.
Staff has met with the Task Force and business representatives from the Chamber of
Commerce. This meeting occurred on May 13, 1999. The results of this meeting are
listed below:
1. On-premise business signage can remain illuminated at any time, where
previously illuminated business signage would have been prohibited when the
business was not open. (The Planning and Zoning Commission recommended
that the ordinance be revised to enable business signage to remain illuminated at
any time.)
2. The explicit standards that established foot-candle limitations for light trespass in
residential and commercial zones have been deleted from the ordinance. The
result of this is that light trespass is possible in commercial zones and not
possible in residential zones.
3. The provision that would enable the City to require that private property lighting
not be directed to cause perceptible glare to motorists on the public right-of-way
was deleted from the ordinance. The result of this is that perceptible glare from
private lighting to motorists on a street will not be controlled by this ordinance.
4. The tables that proposed maximum lighting levels for parking lots, building
exteriors, loading areas, storage yards, outdoor sales areas, and for convenience
stores have been deleted from the ordinance. This results in no limitation, by the
ordinance, in the amount of illumination for these types of activities.
5. The penalty section in the ordinance now includes a clear provision for a "time of
cure" of 120 days for a property owner that has been found by the City to have
violated the ordinance.
What remains in the ordinance are the following features that regulate site lighting:
1. A requirement for "full cut-off' lighting for light fixtures where the lumen is in
excess of 1800.
2. A requirement for top-mounted lighting for exterior lit signs that are not ground
mounted. Ground mounted signs may be up-lit provided the light is directed to
the sign surface.
3. Internally lighted signs do not have to be shielded.
4. Off-premise signs must be turned off from 10:00 p.m. to 6:00 a.m.
5. Recreational lighting (ball fields, tennis courts, special events) requires full cut-off
fixtures and is prohibited after 11:00 p.m., unless required to complete an event.
6. Laser lighting, tower lighting (except for those required by FAA), search lighting,
commercial lighting of sales areas, and assembly and repair areas where such
use does not continue after midnight would be prohibited.
7. Existing lighting without cut-offs is "grand-fathered" until 50% of the fixtures are
replaced.
8. A requirement where direct light trespass is prohibited on adjacent and nearby
residential property.
The revisions that have occurred as a result of the meeting with the Chamber of
Commerce represent a significant change in the ordinance in relation to the ordinance
that was reviewed by the Planning and Zoning Commission on April 7, 1999. With the
removal of the maximum lighting levels the essence of the ordinance now is to regulate
the direction of lighting and not intensity of lighting.
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It should be remembered that this project was a result of an initiative of the City
Council. During this year long study, the staff has offered two distinct
approaches to regulating lighting. The City Council must now give direction as to
which course of action should be taken:
• Should the City regulate lighting on private property?
• Should the City regulate lighting on private property on the basis of
intensity? or
• Should the City regulate lighting on private property on the basis of
direction?
Attachment
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