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HomeMy WebLinkAboutOrdinance 4981 ORDINANCE NO. 4981 AN ORDINANCE AMENDING CHAPTER 176: OUTDOOR LIGHTING, UNIFIED DEVELOPMENT CODE OF THE FAYETTEVILLE CODE OF ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 176: Outdoor Lighting, Unified Development Code of the Fayetteville Code of Ordinances is hereby repealed and Exhibit "A," attached hereto and made a part hereof is adopted in its stead. PASSED and APPROVED this 6° day of February, 2007. =\� . ^&SY ^ Up FAYETTEVILLE OO APPROVE ATTEST: i ; s s z �J � °A�KAN`�0 / By: By: r VtNN G DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer TITLE XV UNIFIED DEVELOPMENT CODE TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176 : OUTDOOR LIGHTING 176.01 PURPOSE......................................................................................................................................... 3 176.02 APPLICABILITY ............................................................................................................................... 3 176.03 EXEMPTIONS..................................................................m.mm..........................m.................................. 3 176.04 SUBMITTALS ................................................................................................................................... 4 176.05 GENERAL STANDARDS .,........................ ................................. ............................................ 5 EXHIBIT ••L__ CD176:1 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176: OUTDOOR LIGHTING 176.01 Purpose The following are exempt from the This chapter is intended to: hooding/shielding provisions of this ordinance or as otherwise noted: (A) Protect the privacy of property owners by limiting the potential for glare and light (A) Single and two-family residential uses. trespass from outdoor lighting fixtures located on adjacent properties; (B) Navigation lights (i.e. airports, heliports, radio/television towers). (B) Protect drivers, pedestrians, senior citizens, and the visually impaired from the glare of (C) Seasonal decorations with individual lights in non-vehicular light sources that can impair place no longer than 60 days. safe travel; (D) Other special situations approved by the City (C) Promote efficient and cost effective lighting; for temporary or periodic events (i.e. parades, festivals, etc.) (D) Allow for flexibility in the style of light fixtures; (E) Security lights of any wattage that are (E) Reduce atmospheric light pollution. controlled by a motion-sensor switch and which do not remain on longer than 12 176.02 Applicability minutes after activation. A All outdoor lighting fixtures installed on (F) Emergency lighting only as necessary and ( ) g g required by the adopted Building Code of the private and public property after the effective City of Fayetteville. date of this ordinance shall comply. This ordinance shall not apply to single or two (G) Flags displaying national, state, or local family residential dwellings. governmental bodies. Flags advertising (B) All outdoor lighting fixtures existing and businesses are not exempt from the legally installed and operative before the provisions of this ordinance. adoption of Ord. 114714, June 21 , 2005, are (H) Decorative street lighting located within the exempt from these requirements unless they Downtown Master Plan boundary. are determined to create a disabling glare as defined by this ordinance. (1) Fossil fuel lighting. (C) When an existing fixture is replaced, the (J) Accent lighting. replacement fixture shall meet the (1 ) Landscape elements. Accent lighting requirements of this article. onto, landscaping and foliage may be permitted. All non-cutoff luminaries shall (D) Compliance with this ordinance shall be be shielded and directed so that the light administered by the City of Fayetteville distribution is focused toward the Planning Department. functional landscape area being illuminated. All landscape accent (E) In the event of a conflict with any other fixtures shall be permanently fixed such section of this article, the more stringent that they are resistant from tampering or requirement shall apply redirection of the light source. Accent lighting shall not be located in such a (F) Outdoor Lighting regulations and Sign way as to have the bulb or lamp visible ordinance regulations shall be considered from pedestrian or vehicular egress. separate and distinct from one another. (2) Building Mounted Accent Lighting. (G) A developer may petition the Planning Accent lighting which is attached to Commission for a variance from the building facades, structures or other requirements of this chapter pursuant to the architectural elements may be Unified Development Code, §156 Variances. permitted. All non-cutoff luminaries shall be shielded and directed so that the light 176.03 Exemptions distribution is focused toward the functional area being illuminated. Fixtures designed to illuminate the CD176:3 Y • y TITLE XV UNIFIED DEVELOPMENT CODE vertical building surface, such as sconces, may be permitted provided (5) Petlestrian walkway lighting 42 inches that the bulb is shielded with an opaque or less in height above the adjacent surface that restricts horizontal light walkway grade may be permitted. This emissions. includes lighting applications such as bollards, light fixtures located in retaining and landscape walls, and lighting fixtures located on or within structures utilized for pedestrian safety, for example, stairwell lighting. I VIAL. SCONCE (6) Neon and Light Emitting Diode (LED) MOUNTED ON I BUILDING St lighting shall be considered accent SURFAOE. lighting in this ordinance and is L SUIeLD R AVITP me� permitted to accent architectural OPAQUE UR A- ! elements of nonresidential structures as ""' ` " ' ' long as it meets the following HORIZON L LCHT I t.M ss.e s. pp requirements: a. Neon or LED lighting shall only be used to accent architectural elements of nonresidential structures. (3) Ground Mounted Accent Lighting. b. Neon or LED lighting used to Ground mounted accent lighting for accent architectural elements shall buildings, when so approved, shall be be mounted or affixed to the directed onto the building. Direct light structure such that the material emissions shall not be visible above the behind the lamp or tubing is non- roof line or beyond the building edge. All reflective. upward aimed light shall be fully c. Neon or LED lighting shall be shielded, fully confined from projecting designed, installed, located, and into the sky by eaves, roofs or maintained such that all direct overhangs, and all fixtures shall be illumination is kept within the located as close to the building being boundaries of the fixture owner's illuminated as possible. All ground property, mounted accent fixtures shall be d. Neon or LED used in signs shall be permanently fixed such that they are regulated pursuant to the sign resistant from tampering or redirection ordinance. of the light source. Ground mounted e. Neon and LED accent lighting shall spotlights shall not be located in such a be limited to one linear foot of way as to have the bulb or lamp visible lighting per linear foot of facade from a pedestrian or vehicular egress. being illuminated and shall not exceed a maximum of 75% of the entire buildings linear facade length. a,A:O av: a. R w. .o. a� q a ZYC ITA °�• T = =`�° 176.04 Submittals :« Ea.au. .�. �_ I �� I (B) Applications for building permits or \\ �J applications for review by the Planning Commission which include the installation of outdoor lighting fixtures for new construction, shall provide evidence of compliance with I. the requirements of this ordinance. The submittal shall contain the following information and shall be submitted as part of . . the site plan to the Planning Department. (4) Pole Mounted Accent Lighting. Pole mounted accent lighting for a building is (C) Outdoor Lighting Plan not permitted. (1 ) Plans indicating the location, type, and CD176:4 TITLE XV UNIFIED DEVELOPMENT CODE height of the luminary including both IESNA RP 6-01 "Sports and Recreational building and ground mounted fixtures; Area Lighting. (2) A description of the luminary, including lamps, poles or other supports and 176.06 Prohibited Outdoor Lighting shielding devices, which may be Installations provided as catalogue illustrations from the manufacturer; (3) Photometric data, such as that furnished (A) Illumination of attraction devices that flash, by the manufacturer; and blink, fluctuate, or that are animated shall be prohibited. (4) Any additional information as may be required by the City Planning Department in order to determine compliance with this Ordinance. 176.05 General Standards The following standards shall apply to all outdoor lighting installed after the effective date of this ordinance, which is not exempted above: (A) Outdoor lighting shall be hooded, shielded, and aimed downward. Examples of acceptable and unacceptable light pollution control shielding and hooding are shown in exhibit "C," attached herein. Awnings, canopies, roof structures and other opaque surfaces that are designed to shield the direct horizontal surface of the light source and direct light downward toward the building or other opaque surface may also be considered for compliance with this requirement. (B) The hood or shield shall mask the direct horizontal surface of the light source. The light shall be aimed to insure that the illumination is only pointing downward onto the ground surface. (C) Existing fixtures may be adapted to comply with this ordinance by adding a properly designed hood or shield, or by pointing any upward-mounted, shielded fixture downward onto the ground surface. (D) All outdoor lighting fixtures , shall be designed, installed, located and maintained such that all direct illumination is kept within the boundaries of the fixture owner's property. (E) This section may be enforced on the basis of a formal complaint filed in with the Planning Department. (F) Sports Field Lighting shall be designed in accordance with IESNA standards located in CD176:5 r TITLE XV UNIFIED DEVELOPMENT CODE EXHIBIT "C" NOT PERMITTED PERMITTED J J h Ty*al "Wall Pack Fixture" Typical "Shoe Box Fhuure" x � 00 t J \ Typical "Barn Light" Opaque Reflector (lamp inside) Area Float Light , Area Flood Light with Hood[Shleld r CD176:6 TITLE XV UNIFIED DEVELOPMENT CODE MODIFYINC EXISTM FRTURES cn,X>MTn1l... ' , cu�n 1nx _ TOIh1 . / i l:Lm@P'fh4c.. / TX Tnir 1 , Nd1' YERn1117" ` i�..�m�me Ilatl lttlm' / / �jl 11�♦\ FE"11TIM) .�i#Mw IIUI ihM ' // 1 Ye law YaJl(•Om 11btll NAtProyX)Mr. 1'w PnpM) �� Xda�bAlXal,rry . (Ord. 4714, 6-21 -05) CD176:7 City of Fayetteville 644P r Staff Review Form City Council Agenda Items or Contracts J ��( n� Feb. 6, 2007 �l iv1 City Council Meeting Date Leif Olson Planning Operations Submitted By Division Department Action Required: ADM 06-2379: (Outdoor Lighting Ordinance Amendments): Submitted by Planning Staff to amend portions of the City's Outdoor Lighting Ordinance. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project ategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a - Department Director / Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City Cler sF�I 9P ED F�IJlt9t{-t , Finance d Internal Service Director Date • Lz Received in Mayor'sOffice D`1 LD M or Date Comments: City Council Meeting of February 6, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations Tim Conklin, Planning and Development Management Director From: Leif Olson, Long Range Planner Date: January 19, 2007 Subject: Administrative item amending portions of the Outdoor Lightin Ordinance (ADM 06-2379) RECOMMENDATION Planning Staff recommends approving the proposed amendments to the Outdoor Lighting Ordinance finding that they will clarify the ordinance and provide additional guidance to staff in the administration of this ordinance. BACKGROUND The City Council adopted the Outdoor Lighting Ordinance (No. 4714) on June 21 , 2005. Planning Staff has been administrating this ordinance for over a year and has identified several issues that should be addressed in the current ordinance. The Planning Commission forwarded this item to the City Council Ordinance Review Committee after making additional amendments to the ordinance at the Planning Commission meeting of January 8, 2007. The Planning Commission was particularly concerned with amendments allowing the up-lighting of landscape and architectural elements. Additional concerns included; provisions for allowing neon accent lighting, the exemption of street lights, the exemption of pedestrian bollard lighting, and prohibition of blinking and flashing lighting applications. DISCUSSION This item was heard at the regular Planning Commission meeting on January 8, 2007. The Planning Commission voted 7-2-0 to recommend approval of the proposed Outdoor Lighting Amendments. The City Council Ordinance Review Committee discussed this item at their January 19, 2007 meeting. The Ordinance Review Committee unanimously recommended forwarding this item to the City Council for discussion and adoption. BUDGETIMPACT None. P ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 176: OUTDOOR LIGHTING, UNIFIED DEVELOPMENT CODE OF THE FAYETTEVILLE CODE OF ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That Chapter 176: Outdoor Lighting, UnifiedDopmen bode of the Fayetteville Code of Ordinances is hereby repealed and Exhib "At" attached hereto; d made a part hereof is adopted in its stead. PASSED and APPROVED this 6 s day o Te ruary, 2007. APPROVED: S By: By: tCDAN COODVA ayor_ S©N•DAA SMITH, City Clerk/Treasurer TITLE XV UNIFIED DEVELOPMENT CODE TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176: OUTDOOR LIGHTING 176.01 PURPOSE......................................................................................................................................... 3 176.02 APPLICABILITY ............................................................................................................................... 3 176.03 EXEMPTIONS................................................................................................................................... 3 176.04 SUBMITTALS ................................................................................................................................... 5 176.05 GENERAL STANDARDS ................................................................................................................. 5 EXHIBIT 6 .11 19 H TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176: OUTDOOR LIGHTING 176.01 Purpose This chapter is intended to: (A) Protect the privacy of property owners by limiting the potential for glare and light trespass from outdoor lighting fixtures located on adjacent properties; (B) Protect drivers, pedestrians, senior citizens, and the visually impaired from the glare of non-vehicular light sources that can impair safe travel; (C) Promote efficient and cost effective lighting; (D) Allow for flexibility in the style of light fixtures; (E) Reduce atmospheric light pollution. 176.02 Applicability (A) All outdoor lighting fixtures installed on private and public property after the effective date of this ordinance shall comply. This ordinance shall not apply to single or two family residential dwellings. (B) All outdoor lighting fixtures existing and legally installed and operative before the adoption of Ord. #4714, June 21 , 2005, are exempt from these requirements unless they are determined to create a disabling glare as defined by this ordinance. (C) When an existing fixture is replaced, the replacement fixture shall meet the requirements of this article. (D) Compliance with this ordinance shall be administered by the City of Fayetteville Planning Department. (E) In the event of a conflict with any other section of this article, the more stringent requirement shall apply (F) Outdoor Lighting regulations and Sign ordinance regulations shall be considered separate and distinct from one another. (G) A developer may petition the Planning Commission for a variance from the requirements of this chapter pursuant to the Unified Development Code, §156 Variances. 176.03 Exemptions The following are exempt from the hooding/shielding provisions of this ordinance or as otherwise noted: (A) Single and two-family residential uses. (B) Navigation lights (i.e. airports, heliports, radio/television towers). (C) Seasonal decorations with individual lights in place no longer than 60 days. (D) Other special situations approved by the City for temporary or periodic events (i.e. parades, festivals, etc.) (E) Security lights of any wattage that are controlled by a motion-sensor switch and which do not remain on longer than 12 minutes after activation. (F) Emergency lighting only as necessary and required by the adopted Building Code of the City of Fayetteville. (G) Flags displaying national, state, or local governmental bodies. Flags advertising businesses are not exempt from the provisions of this ordinance. (H) Decorative street lighting located within the Downtown Master Plan boundary. CD176:3 TITLE XV UNIFIED DEVELOPMENT CODE (I) Fossil fuel lighting: (J) Accent lighting. (1) Landscape elements. Accent lighting onto landscaping and foliage may be permitted. All non -cutoff luminaries shall be shielded and directed so that the light distribution is focused toward the functional landscape area being illuminated. All landscape accent fixtures shall be permanently fixed such that they are resistant from tampering or redirection of the light source. Accent lighting shall not be located in such a way as to have the bulb or lamp visible from pedestrian or vehicular egress. (2) Building Mounted Accent Lighting. Accent lighting which is attached to building facades, structures or other architectural elements may be permitted. All non -cutoff luminaries shall be shielded and directed so that the light distribution is focused toward the functional area being illuminated. Fixtures designed to illuminate the vertical building surface, such as sconces, may be permitted provided that the bulb is shielded with an opaque surface that restricts horizontal light emissions. WALL SCONCE .MOUNTED O`: eU1UND SURFACE. BULB OR LAN? SHIELDED WITH A\\-�' I OPAQUE SURFACE . THAT RESTRICTSLIGHT nj \� EMSNHORIZONTAL LIG4Y 1 t:M5:iCNi. i/ li rI iii II (3) Ground Mounted Accent Lighting. Ground mounted accent lighting for buildings, when so approved, shall be directed onto the building. Direct light emissions shall not be visible above the roof line or beyond the building edge. All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and all fixtures shall be located as close to the building being illuminated as possible. All ground mounted accent fixtures shall be permanently fixed such that they are resistant from tampering or redirection of the light source. Ground mounted spotlights shall not be located in such a way as to have the bulb or lamp visible from a pedestrian or vehicular egress. (4) Pole Mounted Accent Lighting. Pole mounted accent lighting for a building is not permitted. (5) Pedestrian walkway lighting 42 inches or less in height above the adjacent walkway grade may be CD176:4 TITLE XV UNIFIED DEVELOPMENT CODE permitted. This includes lighting applications such as bollards, light fixtures located in retaining and landscape walls, and lighting fixtures located on or within 'structures utilized for pedestrian safety, for example, stairwell lighting. (6) Neon and Light Emitting Diode (LED) lighting shall be considered accent lighting in this ordinance and is permitted to accent architectural elements of nonresidential structures as long as it meets the following requirements: a. Neon or LED lighting shall only be used to accent architectural elements of nonresidential structures. b. Neon or LED lighting used to accent architectural elements shall be mounted or affixed to the structure such that the material behind the lamp or tubing is non -reflective. c. Neon or LED lighting shall be designed, installed, located, and maintained such that all direct illumination is kept within the boundaries of the fixture owner's property. d. Neon or LED used in signs shall be regulated pursuant to the sign ordinance. e. Neon and LED accent lighting shall be limited to one linear foot of lighting per linear foot of facade being illuminated and shall not exceed a maximum of 75% of the entire buildings linear facade length. 176.04 Submittals (B) Applications for building permits or applications for review by the Planning Commission which include the installation of outdoor lighting fixtures for new construction, shall provide evidence of compliance with the requirements of this ordinance. The submittal shall contain the following information and shall be submitted as part of the site plan to the Planning Department. (C) Outdoor Lighting Plan (1) Plans indicating the location, type, and height of the luminary including both building and ground mounted fixtures; (2) A description of the luminary, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer; (3) Photometric data, such as that furnished by the manufacturer; and (4) Any additional information as may be required by the City Planning Department in order to determine compliance with this Ordinance. 176.05 General Standards The following standards shall apply to all outdoor lighting installed after the effective date of this ordinance, which is not exempted above: (A) Outdoor lighting shall be hooded, shielded, and aimed downward. Examples of acceptable and unacceptable light pollution control shielding and hooding are shown in exhibit "C," attached herein. Awnings, canopies, roof structures and other opaque surfaces that are designed to shield the direct horizontal surface of the light source and direct light downward toward the building or other opaque surface may also be considered for compliance with this requirement. (B) The hood or shield shall mask the direct horizontal surface of the light source. The light shall be aimed to insure that the illumination is only pointing downward onto the ground surface. (C) Existing fixtures may be adapted to comply with this ordinance by adding a properly designed hood or shield, or by pointing any upward -mounted, shielded fixture downward onto the ground surface. (D) All outdoor lighting fixtures shall be designed, installed, located and maintained such that all direct illumination is kept within the boundaries of the fixture owner's property. CD176:5 TITLE XV UNIFIED DEVELOPMENT CODE (E) This section may be enforced on the basis of a formal complaint filed in with the Planning Department. (F) Sports Field Lighting shall be designed in accordance with IESNA standards located in IESNA RP 6-01 "Sports and Recreational Area Lighting. 176.06 Prohibited Outdoor Lighting Installations (A) Illumination of attraction devices that flash, blink, fluctuate, or that are animated shall be prohibited. CD176:6 TITLE XV UNIFIED DEVELOPMENT CODE EXHIBIT "C" NOT PERMITTED / II ! J r II / i IIr#J r, ill J r III - Typical "Wail Pack Fixture" typical "Barn Light" / y i r ii\ \ 4 i I ` \ r t t \ Nea Flood Light PERMITTED Typical ^Shoe Box Fixture" Opaque Reflector (lamp Inside) Area Flood Light with HoodfShleld CD176:7 TITLE XV UNIFIED DEVELOPMENT CODE MODIFYING EXISTING FIXTURES Churl" Thb_. F � 7'n'1'hhW C un a 7Th_ - To lMF_. I � ft:i DI N / CTnnpe Thlx.. I To TMa F ' 1 ! / / 1 NO'I PERMITTED I Ip.tq,4lIA l/FM11 )11,m Ym npem I� NMFLYM M.nry PERMIr1ED k4.I SIhwe Ve EFLIJ,pJ+4Ym Fv.lu..ne.on+x.?M.. o®Psrsn F X.IFFFVI. Property (Ord. 4714, 6-21-05) CD176:8 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176: OUTDOOR LIGHTING 176.01 PURPOSE................................a.... 176.02 APPLICABILITY ......... 176.03 EXEMPTIONS 176.04 SUBMITTALS..................................................................... 176.05 GENERAL STANDARDS ....... .................................................. 3 ................................................. 3 ............................................ 3 ............................................4 ............................................ 5 p CD176:1 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176: OUTDOOR LIGHTING 176.01 Purpose This chapter is intended to: (A) Protect the privacy of property owners by limiting the potential for glare and light trespass from outdoor lighting fixtures located on adjacent properties; (B) Protect drivers, pedestrians, senior citizens, and the visually impaired from the glare of non - vehicular light sources that can impair safe travel; (C) Promote efficient and cost effective lighting; (D) Allow for flexibility in the style of light fixtures; (E) Reduce atmospheric light pollution. 176.02 Applicability (A) All outdoor lighting fixtures installed on private and public property after the effective date of this ordinance shall comply. This ordinance shall not apply to single or two family residential dwellings. (B) All outdoor lighting fixtures existing and legally t installed and operative before Bve-offdive-date _ ._: of this ordinance the ,adoption of Ord. p4714; June '21, _2005 are exempt from these requirements unless they are determined to create a disabling glare as defined by this ordinance. (C) When an existing fixture is replaced, the replacement fixture shall meet the requirements of this article. (D) Compliance with this ordinance shall be administered by the City of Fayetteville Planning Department. (E) In the event of a conflict with any other section of this article, the more stringent requirement shall apply (F)Out door Lighting regulations and Sign ordinance regulations shall be considered separate and distinct from one another.'' (GA developer may petition the Planning Commission for a variance from the requirements of this chapter pursuant to the Unified Development Code, _§156 Variances. 176.03 Exemptions The following are exempt from the hoodinglshielding provisions of this ordinance o as otherwise noted: (A) Single and two-family residential uses. (B) Street-Ughis:' (C) Navigation lights (i.e. airports, heliports, radio/television towers). (D) Seasonal decorations with individual lights in place no longer than 60 days. (E) Other special situations approved by the City for temporary or periodic events (i.e. parades, festivals, etc.) (F) Security lights of any wattage that are controlled by' a motion -sensor switch and which do not remain on longer than 12 minutes after activation. (G).Emergency lighting only as necessary.. and required by the adopted Building Code of the City of Fayetteville: (H) Flags displaying national, state, or local governmental bodies. Flags advertising businesses are not exempt from the provisions of this ordinance. (I) Decorative street lighting located within the Downtown Master Plan boundary. (J) Fossil fuel lighting. (K) Accent lighting:,!n9•,„_�R,_____ _, (1) Landscape elements. Accent 'lighting m onto landscaping and foliage may :be bulbs of notpermitted. T moro than 150 watts: All non? cutoff luminaries shall be shielded: and directed, so' that; the -light distribution' is . focused toward the functional landscapea area being illuminated All landscape accent fixtures shall be permanently fixed such that they are resistant " from tampering or redirection of the light source. Accent lighting shall not be located in such a way as to have the bulb or lamp visible, from pedestrian_ or vehicular egress' (2) Building Mounted Accent , Lighting Accent •• lighting. which is attachedt� building. facades, structures orother architectural elements may be permitted. All non-cutoffluminaries shall , be shielded and' directed so that the light distribution, is. focused toward the functional,, -area; being illuminated: Fixtures .designed to . illuminate rthe 'vertical_, building wsurface, such was CD176:3 TITLE XV UNIFIED DEVELOPMENT CODE sconces, may be permitted provided that the bulb is shielded'.with an.: opaque, surface that„restncts horizontal light emissions) WALL SCOT+CE�i ll MOUON CUILDINCING FI°P SURFACE, NUL.H OR LAMP --i SHIELDED VTh AN OPAQUE SUS A E ((-ri. THAI RESTPIC S 4j ,}�� HORIZON AL LIGHT �; nf EMISSIONS. l!, I T L - :S! ul ` (3)_Gr� Ground _Accent Lighfmg., Ground mounted accent lighting for buildings, when so approved,shall be directed onto the building.. Direct light emissions shall not. be. visible above the roof line or beyond the building edge. Al! upward aimed light ;shall be fully es ,'roofs ures`,, shall 'as IIIICU Gl:4E11Lt URWICJ:,a.bu.GI, a"_ 4C nan6ntiy°;fined suchtthat'Athey are stant from tampering or redirection of light .tsource , Ground „mounted tlights shall not be located in'such a as to have the bulb or lampvisible r" aai ):Pole Mounted Accent„Lighting Pole mounted accent lighting fora_ building is not. permitted.' (5)"'Pedestrian walkwaylighting 442 inches or less in: height ,above the adjacent walkway grade: may be permitted. This includes, lighting. applications such as bollards, light fixtures located in retaining nd landscape walls, and lighting fixtures located on or within structures utilized for pedestrian; safety, for, example,, stairwell lighting. ((i) Neon sand, Light Emitting :Diode (LED) lighting , shall be - considered accent lighting in this ordinance and. is permitted to` accent architectural elements of nonresidential structures as long-as,it 'meets the following requirements: a Neon or -LED lighting shall only on ylbe used to accent architectural elements_ of nonresidential structures! b. Neon or LED lighting used to accent architectural - elements shall be mounted or affixed to the structure such that. the material behind the lamp or tubing is non -reflective.' c Neon or LED lighting. shall Abe designed, installed; located, and maintained such that all - direct illumination. ;:is -kept within the boundaries „,ofr.the fixture owner's ,,;Neon-'orLEDiused in signs shall"be regulated pursuant Ito-_,the,sign ordinance. NeonandLE.:-.__.v/..;___ cent lighting hall be limited to one linear foot of lighting. per ' linear , foot of fa�ade being :illuminated and shall not exceed a'maximum of 75% of the 176.04 Submittals (B) Applications for building permits or applications for review by the Planning Commission which include the installation of outdoor lighting fixtures for new construction, shall provide evidence of compliance with the requirements of this ordinance. The submittal shall contain the following information and shall be submitted as part of the site plan to the Planning Department. (C) Outdoor Lighting Plan (1) Plans indicating the location, type, and height of the luminary including both building and ground mounted fixtures; (2) A description of the luminary, including lamps, poles or other supports and shielding devices, which may be provided as CD176:4 TITLE XV UNIFIED DEVELOPMENT CODE catalogue illustrations from the manufacturer; (3) Photometric data, such as that furnished by the manufacturer; and (4) Any additional information as may be required by the City Planning Department in order to determine compliance with this Ordinance. 176.05 General Standards The following standards shall apply to all outdoor lighting installed after the effective date of this ordinance, which is not exempted above: (A) Outdoor lighting shall be hooded, shielded, and aimed downward. Examples of acceptable and unacceptable light pollution control shielding and hooding are shown in exhibit "C," attached structures herein. Awningsr canopies, roof' structures and her opaque surfaces that are designed to shield the direct horizontal' surface of:the light source and direct light downward toward the building or other opaqueurface may also be considered ;for]_complianceywith this `requirement) (B) The hood or shield shall mask the direct horizontal surface of the light source. The light shall be aimed to insure that the illumination is only pointing downward onto the ground surface. (C) Existing fixtures may be adapted to comply with this ordinance by adding a properly designed hood or shield, or by pointing any upward - mounted, shielded fixture downward onto the ground surface. (D) All outdoor lighting fixtures shall be designed, installed, located and maintained such that all direct illumination is kept within the boundaries of the fixture owner's property. (E) This section may be enforced on the basis of a formal complaint filed in with the Planning Department. (F) Sports Field Lighting shall be designed in accordance with IESNA standards located in IESNA RP 6-01 "Sports and Recreational Area Lighting. ,176.06 Prohibited µ.Outdoor Lighting Installations (A)elllumination of attraction devices that flash, blink, fluctuate, or that are animated shall be prohibited. CD176:5 TITLE XV UNIFIED DEVELOPMENT CODE EXHIBIT "C" NOT PERMITTED i \ I � \ Typical "Nall Pack Fixture- / / 1 \ I Typical "Barn Lighr 1 1 \ Nea Flows Light PERMITTED. I \ Typical "shoe Box Fixture" I \ \ Opaque Reflector (lamp Inside) 4. • I Area Rood Light with Hood/Shield MODIFYING EXISTING•FIX11JRES (fiance This._ DHV / i - (lance This.- / To ibis... am, fliih UUZ ll ♦ ` 1 I I \ / (lance 1M5_. / To ibis / t / / / I • NOT PERMITTED II. 94aPJ 11M ihnm 1'anr Bngrrn IM'SMni rn,pnl. PERMITTED FTN W.tl Ihtl"9an / t\o BIM rpr.JJWip rexeJ. nlm. I...I.rl. m.. Pm Pregrn tlaiBiMr'tenyrnl (Ord. 4714,6-21-05) CD176:6 From: Clarice Pearman To: Olson, Leif; Pate, Jeremy Date: 2.7.07 6:42 PM Subject: Outdoor lighting ordinance Gentlemen: I receive want may be the amendment for Ch. 176 but actual ordinance. Please send me the ordinance. Have a good day. Thanks. Clarice From: Clarice Pearman To: Pate, Jeremy Date: 2.14.07 1:03 PM Subject: Ords. 4972 and 4977-4982 Attachments: 4982 Amend Ch 159 Impact Fees Table A.pdf; 4978 VAC 06-2365.pdf; 4979 VAC 0 6-2400.pdf; 4980 RZN 06-2399.pdf; 4981 Amend Ch 176 Outdoor Lighting.pdf; 4 977 VAC 06-2204.pdf; 4972 Replace Ch 174 & 153.08(G) Signs revised.pdf CC: Audit Jeremy: Attached is a copy of the above ordinances. Ord. 4972 reflects the change in the sign ordinance which left out 174.12(C). The other were passed by the City Council, February 6, 2007. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.layetteville.ar.us l _ A NORTHWEST ARKANSAS EDITION''. Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance No. 4981 Was inserted in the Regular Editions: February 17, 2007 Publication Charge: $453.65 I .- Subscribed and sworn to before me This(q day of f/�a� 2007. Notary Public "k,� My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIVED FEB 21 2007 CnYOFFArETTEV►LLE CITY CLEAj� OFFIcE ORDINANCE AMENDING CHAPTER 176: OUT - OR LIGHTING. UNIFIED DEVELOPMENT CODE THE FAYETTEVILLE CODE OF ORDINANCES. IT GROANED BY THE CITY COUNCIL THE CITY Of PAYETTEYILLE. Fayeevl le ARKANSAS reel r r I That Chapter 176. Outdoor Lighting, Unified Development Code of the Fa Veheville Code ,' Cusnances is hereby repealed and Exhibit A, attached hereto and made a part hereof is adopt - IF is stead. PASSED and APPROVED this 61h day of February, 2J7 ATTEST By DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 176: OUTDOOR LIGHTING 176.01 PURPOSE 176,02 APPLICABILITY 176.03 EXEMPTIONS 176,04 SUBMITTALS 176.05 GENERAL STANDARDS ;HAPTER 176 OUTDOOR LIGHTING 176.01 Purpose This chapter is intended to. ;A) Protect the privacy of property owners by limiting the potential for glare and light trespass from outdoor lighting fixtures located an adjacent properties, ;8) Project drivers, pedestrians, senior citizens, and the visually impaired floor the glare of non- :ehiwlar light sources that can impair safe travel; CI n cmae effitent and cost efe.c v= lighting; DI PJow car •c, t fit', it the s''e ter' ii fin futures; EI Rrdu c. alnxsp`le•;c gat pollution '76 02 Applicability (A) Al outdoor lighting figures installed On private and public property after the effective date of this ordinance shall comnry This ordinance shall not apply to single or two family residential dwellings (8) All outdoor lighting fcures oxaslmg and legally installed and operative before Me adoption of Ord. 04714, June 21, 2005, are exe npt'ram these requirements unless they are determined to cre- ate a disabling glare as defined by this ordinance. (C) When an existing fixture is replaced the replacement figure shall meet the requirements of this adicla. (D) Compliance with this ordinance slhall be administered by the City of Fayetteville Planning Department. (E) In the event of a conflict with any other section of this Mole. Me more stringent requirement small apply (F) Outdoor Lighting regulations and Sign ordinance regulations shall be considered separate and distinct from one Warnet (G) A developer may petition the Planning Commission for a variance from Me requirements of this chapter pursuant to the Unified Development Code. §156 Variances. allowing are exempt from the hooding/shielding provisions of this ordinance or as otherwise ig!e and two !am!iy resdemial uses wagalw', lights (i e aapons. he loons- radaoMelevision towers). asonal decorations w a-itv anal lights in place no longer than 60 days. her special situations approved by the City for temporary or periodic events (i.e. parades. %a - etc.) curdy lights of any wattage that are controlled by a nation -sensor switch and which do not 1 on longer than 12 minutes after activation tergency lighting only as necessary and required by the adopted Building Code of the City d Flags displaying national, state, or local governmental bodies. Flags advertising businesses are exempt tram the provisions of this ordinance. Decaalive street lighting located within the Downtown Master Plan boundary. Fossil fuel lighting. Accent lighting. Landscape elements. Accent lighting onto landscaping and foliage may be permitted. All non - of luminaries shall be shielded and directed so that the light distribution is focused toward Me ctlonal landscape nee being iIkrtinMed. All landscape accent fixtures shall be permanently d such that they are resistant from tempering or redirection of the light source. Accent lighting dl not be located in such a way as to have Me bulb or lamp visible from pedestrian or vehicular 2) Building Mounted Accent Lighting. Accent Ightmg which is attached to building facades, T' uudures or the, archnti-al ,I be permitted and Arenoci so h th li,e shielded and deeded so that the light distno.- ' //�� iKKmi ated9 Fixtures toward the functional inn being _ �y Nealbu fixtururf designed to c rtion; the ... _ verticalPerpermitted surface, at t'h as bulb is oriizont l '' with an opaque surface that restricts horizontal - m e '. {'r I ❑ (3)ligt Ground omissions +u y,„ l'lr Mounted ng Accent Lighting. Ground tI a prove a halighting for buildings, when g. �� .rest edlight mi iobe s directed be the l building. Li D each kgFt emissions shall not be visible above tiff the root One or beyond Me building edge. All upward aimed light shall be fully shielded, fully con- fined from projecting into the sky by eaves, rods or overhangs. and all figures shall be located as close to the building being illuminated as possi- c' btu. Al geared manned accent fixtures shall be nrnenhY fixed such that May we resistant I from tempering or redirection of the IOM source. 7 F6SiYfi''y ,x-!-' j 1 Ground mounted spotlights shall not be located in j) # ) Such a way as to have the bulb or lamp va lblS A j}'IIr/ "jj ham apedmmnorvehculw agreae. \}tt._l .,A {, (4) Pole Mounted Accent Ldghling. Pole mounted s (6)P ill obi r a N1NaMaesy0��� '�x�! I... \\ \ 'r•llp Y ligfling 42 mchal aNM hMlglE tlDpaMN iVa r On or within structures Milized for pedestrian seta (6) Neon and Light Emitting Diode (LED) lighting shall bconsidered ty. for example, stairwell lighting. nonce and is e accent lighting in this ord- perrniDad ir accent yplvteclurel elements of nonresidential structures as long as meets the following requirements a Neon or LED lighting shall only be used to accent architectural elements of nonresidential struc- tures. b. Neon or LED lighting used to accent architectural elements shall be mounted or affixed to Me structure such that the material behind the lamp or tubing is non -reflective. c. Neon or LED lighting shall be designed, inelalled, located, and maintained such Mat all direct illu- mination is kept within[he boundaries of the fixture Owners property. I Neon or LED used in signs shall be regulated pursuant to Me sign ordinance. I. Neon and LED accent lighting shall be limited to one linear loot of lighting par linear foot of facade Doing Illuminated and shall not exceed a maximum of 75% of the entire buildings linear facade tine M 176.04 Submittals (B) Applications for building permits or applications Apr review by the Planning Cornmeal which include the installation of outdoor lighting fgaes for new cmpruction, shat pwider evidence of compliance with the requirements of this ordinance. The submittal shall contain the following infer. maim and shall be submitted as Per oft site plan to the Planning Department, Outdoor Lighting Ran (1) Plans indicating the location, type, and height of the luminary including both building and ground Mounted figures; (2) A description of the luminary, Including lamps, piles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer; (3) Photometric data, such as that furnished by the manufacturer, and (4) Any additional information as may be required by the City Planning Department in order to deter- mine compliance with his Ordnance. (C) 176.05 General Standards The following standards shall apply to all outdoor lighting installed after the erective date of this ordi- nance, wnach'as not exempted above. (A) Outdoor lighting shall be hooded, shielded, and aimed downward. Examples of acceptable and unacceptable light pollution control shielding and hooding are shown in exhibit C. attached here- in. Awnings, canopies, roof structures and other opaque surfaces that are designed to shield the direct horizontal surface of the light source and direct light downward toward the building or other opaque surface may also be considered to compliance with this requirement. (B) The hood or shield shall mask the direct horizontal surface of the light source. The light shall be aimed to insure Mat the illumination is any pointing downward onto the ground surface. (C) Existing figures may be adapted to comply with this Ordinance by adding a property designed hoed or shield, or by painting any upward-rmxbnted, shielded figure downward onto Me ground 5M - fa ID) All outdoor lighting futures shall be designed, installed, located and maintained such Mat all direct illtmnatbn is kept within the boundaries of the figure owner's property (E) This section may be enforced on Me basis of a formal complaint filed in with the Planning Department. 6 Field Lighting shall be designed in accordance with IESNA standards located in IESNA 'Sports and Recreational Area Lighting. 176.06 Prohibited Outdoor Lighting Installations A) Illumination of attraction devices that flash, blink. fluctuate, or that are animated shall be prohib- tad EXHIBIT'C' NOT PBMIT® I7ID ♦F�i. ' • I. i II I \ nil II I. l II `si Fj /'r I / / I 1 1 + ' r I / / I I MnA I I ` `l- lams ruww� Ate. - - (Ord. 4714. B -21 -OS)