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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Fayetteville Code of Ordinances is hereby repealed and Exhibit "A," attached hereto and made a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
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FAYETTEVILLE OO
APPROVE ATTEST: i ; s s z
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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.
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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
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Ty*al "Wall Pack Fixture" Typical "Shoe Box Fhuure"
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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
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(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
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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