Chapter 15.15
OUTDOOR LIGHTING
Sections:
15.15.020 Conformance with applicable codes.
15.15.030 Approved materials, methods of construction, or installation/operation.
15.15.070 Submission of plans and evidence of compliance.
15.15.080 Outdoor advertising signs.
15.15.110 Temporary exemptions.
15.15.130 Violation notice procedures.
15.15.140 Appeal to city council.
15.15.160 Violations – Enforcement.
15.15.010 Purpose and intent.
The purpose of this chapter is to regulate the placement, orientation, distribution patterns and fixture types of outdoor lighting, providing standards that help minimize or reduce light pollution. It is the intent of this chapter to encourage, through the regulation of the types, kinds, construction, installation, and uses of outdoor electrically powered illuminating devices, lighting practices, and systems, to conserve energy without decreasing safety, utility, security, and productivity while enhancing nighttime enjoyment of property within the jurisdiction of the city of Veneta. It is also the intent of this chapter to minimize the intrusion of lighting across property lines (light trespass), therefore avoiding disruption of the quality of life for nearby residences. Standards in this chapter have been developed in accordance with the standards for outdoor lighting established by the Illuminating Engineering Society of North America (IESNA). (Ord. 420 § 1, 2000)
15.15.020 Conformance with applicable codes.
All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this chapter, the building code, the electrical code, and the sign code of the jurisdiction as applicable and under appropriate permit and inspection. (Ord. 420 § 2, 2000)
15.15.030 Approved materials, methods of construction, or installation/ operation.
The provisions of this chapter are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by this chapter, provided any such alternate has been approved. The building and planning official may approve any such proposed alternate providing he or she finds that it:
(1) Provides at least approximate equivalence to the applicable specific requirements of this chapter;
(2) Is otherwise satisfactory and complies with the intent of this chapter; and
(3) Has been designed or approved by a registered professional lighting engineer and that the content and function promotes the intent of this chapter. (Ord. 420 § 3, 2000)
15.15.040 Definitions.
As used in this chapter or in any conditions imposed by the city pursuant to this chapter, the following words and phrases, unless the context otherwise requires, shall mean:
(1) “Cutoff” means a function of the reflector of a fixture that provides shielding of the emitted light.
(2) “Direct glare” means the visual discomfort, annoyance, or loss of visual performance and visibility resulting from insufficiently shielded light sources in the field of view; viewing the light source, not simply its effects (distinguished from glare by including reference to limits on the field of view).
(3) “IESNA” means the Illuminating Engineering Society of North America, the organization that establishes recommendations for lighting source applications.
(4) “Installed” means the attachment or permanent placement of any outdoor lighting fixture whether or not connected to a power source.
(5) “Light trespass” means any artificial light falling outside of the boundaries of the property upon which the source of light is installed.
(6) “Lumen” means a measure of light output emitted from a light source.
(7) “Luminaire” means the complete lighting unit, including the lamp, fixture, and other parts.
(8) “Outdoor lighting fixture” means outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but not be limited to, exterior lighting for the following applications:
(a) Buildings and structures;
(b) Recreational areas (parks, marinas, sports facilities/fields);
(c) Parking lots;
(d) Landscaping;
(e) Billboards and other signs;
(f) Streets;
(g) Product display areas;
(h) Building overhangs, eaves, and open canopies.
(9) “Person” means any individual, tenant, lessee, owner, or any commercial entity, including but not limited to a firm, business, partnership, joint venture, or corporation.
(10) “Person in charge of property” means an agent, occupant, lessee, contract purchaser, or other person having possession or control of the property or the supervision of any construction project.
(11) “Person responsible” means the person responsible for compliance with this chapter shall include one or all of the following:
(a) The owner;
(b) The person in charge of property, as defined in subsection (12) of this section; and
(c) The person who caused or created a violation of this chapter.
(12) “Photometric report” means the quantitative measurement of light level and distribution.
(13) “Shielded fixture” means an outdoor lighting, fixture with cutoff optics and that constrains direct light emissions (percent varies depending on full or partial shielding).
(14) “Shielding” means a technique or method of construction that causes light emitted from an outdoor light fixture to be projected below an imaginary horizontal plane passing through the fixture. (Ord. 420 § 4, 2000)
15.15.050 Shielding.
All nonexempt outdoor lighting fixtures shall have shielding as required by the shielding requirements table.
(1) Class I Lighting. All outdoor lighting, excluding residential applications used for, but not limited to, the following areas: eating, outdoor sales, recreational facilities, assembly areas, advertising displays, repair areas, billboards and other signs, and similar applications where color rendition is important.
(2) Class II Lighting. All outdoor lighting, other than Class I lighting and residential applications used for, but not limited to, illumination for walkways, roadways, equipment yards, parking areas, light outdoor security, and similar applications where color rendition is not important.
(3) Class III Lighting. Residential outdoor lighting.
(4) Fully Shielded. Outdoor light fixtures shielded or constructed so that light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted, as certified by a photometry test report.
(5) Partially Shielded. Outdoor light fixtures shielded or constructed so that the lower edge of the shield is at or below the centerline of the light source or lamp so as to minimize the light transmission above the horizontal plane, or at least 90 percent of the emitted light projects below the horizontal plane, as evidenced by a photometry test report.
Shielding Requirements Table
|
Fixture Lamp Type |
Class I |
Class II |
Class III |
|---|---|---|---|
|
Low pressure sodium (LPS) |
Partial or full |
Partial or full |
Prohibited |
|
High pressure sodium (HPS) |
Partial or full |
Full |
Partial or full |
|
Mercury vapor lamps |
Prohibited |
Prohibited |
Regulated by nuisance ordinance |
|
Metal halide lamps (HID) |
Partial or full |
Full |
Partial or full |
|
Fluorescent (450 watts or more) |
Partial or full |
Full |
Partial |
|
Incandescent (over 150 watts per fixture) |
Partial or full |
Prohibited |
Regulated by nuisance ordinance |
|
Incandescent (under 150 watts per fixture) |
Partial or full |
Partial or full |
Regulated by nuisance ordinance |
|
Quartz (floodlight) |
Prohibited |
Prohibited |
Regulated by nuisance ordinance |
|
Any light source under 40 watts |
Unshielded permitted |
Unshielded permitted |
Unshielded permitted |
|
Low intensity neon, argon, krypton discharge tubes |
Unshielded permitted |
Unshielded permitted |
Unshielded permitted |
(Ord. 420 § 5, 2000)
15.15.060 Street lights.
(1) Key Locations. Street lights shall be positioned at the following key locations:
(a) Intersections – on radius line at point of curvature/point of tangency (PC/PT) location;
(b) Cul-de-sacs – at the entry throat;
(c) Dead-ends – near the end of the street, spaced so that the maximum street area can be lit;
(d) Horizontal curves – at the beginning and ending of each curve.
(2) Tree Separation. A minimum separation of 25 feet between trees and street light poles shall be provided.
(a) Poles. General requirements for poles will include:
(i) Height: Pole height limits of 25 or 30 feet can be ideal for most parking lots, and to avoid light trespass, luminaires near roadways and residential areas require shields on 30 foot poles.
(ii) Spacing: On straight alignments, adjust pole spacing to position the lights on projected property line locations, within photometric limitations. Locate all components of the street light system in the public right-of-way.
(iii) Materials: Street lights are installed on metal or fiberglass poles, and are supported with concrete footings. All systems have underground wiring.
(b) Luminaire Fixtures. General requirements for luminaires will include:
(i) For residential areas, specify either “cobra head” or “shoe box” type fixtures. Use only HPS vapor lamps.
(ii) For arterial streets and in commercial areas, use 200 watt and larger fixtures.
(3) Photometric Design Calculations. All calculations and photometric data necessary to evaluate a proposed lighting system’s compliance with VMC 15.15.050 shall be supplied by the applicant.
(a) Local Street Lights. Typical street lighting will include the following:
(i) Lamp: 100 watt, high pressure sodium (HPS);
(ii) Fixtures: “cobra head” or “shoe box” style/cutoff fixture;
(iii) Mounting height: 20 to 25 feet;
(iv) Pole spacing: Provide for spacing that appropriately accounts for block length, curves, lot sizes, and possible manmade or natural interference. Pole spacing shall generally be 200 to 240 feet and shall not exceed 300 feet unless natural resource impacts would result. (Ord. 454 § 1, 2005; Ord. 420 § 6, 2000)
15.15.070 Submission of plans and evidence of compliance.
(1) Submission Contents. The applicant for any permit required by any provision of the laws of this jurisdiction, in connection with proposed work involving outdoor lighting fixtures, shall submit as part of the application for permit evidence that the proposed work will comply with this chapter. The submission shall contain, but shall not necessarily be limited to the following, all or part of which may be required elsewhere in the laws of this jurisdiction upon application for the required permit:
(a) Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors (a source of shielding), and other devices; description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices. Additionally, the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);
(b) Photometry data, such as that furnished by manufacturers or similar sources showing the angle of cutoff or light emissions. Applicant may also provide point by point calculations specific to spill over on property lines.
(2) Additional Submissions. The above required plans, descriptions, and data shall be sufficiently complete to enable the building and planning official to readily determine whether compliance with the requirements of this chapter will be secured. If such plans, descriptions, and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so; provided, that these tests were performed and certified by a recognized testing laboratory.
(3) Subdivision Plan Certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plan shall contain a statement certifying that said plan will adhere to the applicable provisions of this chapter.
(4) Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the building and planning official for his/her approval, together with adequate information to assure compliance with this chapter, which must be approved prior to substitution. (Ord. 420 § 7, 2000)
15.15.080 Outdoor advertising signs.
(1) Top Mounted Fixtures Required. Lighting fixtures used to illuminate any outdoor advertising sign, street sign, or directive sign, shall be mounted on the top of the sign structure. All such new fixtures shall comply with the shielding requirements of VMC 15.15.050.
Where used for on-premises or off-premises signs or for decorative effects or recreational facilities such as for building, landscape or ballfield illumination, the outdoor fixtures shall, where feasible, be shielded and/or focused to minimize light pollution.
(2) Light Spillage. Lighting fixtures used to illuminate any outdoor advertising sign, street sign, or directive sign shall not cause light to spill beyond the boundaries of such sign.
(3) Prohibitions. Prohibitions apply as set forth in VMC 15.15.090.
(4) Compliance Limit. Any and all existing outdoor structures shall be subject to compliance limits recognized in Section 5.150 (Signs), Subsection (14) of the Veneta Sign Code. (Ord. 420 § 8, 2000)
15.15.090 Prohibitions.
(1) Laser Source Lights. The use of laser source light, or any similar high intensity light for outdoor advertising or entertainment, shall not be projected above the horizontal plane passing through the lowest point on the fixture from which light is emitted.
(2) Searchlights. The operation of searchlights for advertising or entertainment purposes is prohibited.
(3) Outdoor Advertising On-Site and Off-Site Signs (i.e., Billboards). Electrical illumination of outdoor advertising on-site and off-site signs is prohibited, as established by Section 5 of the Veneta Sign Code.
(4) Light Trespass. Following a grace period of two years from the effective date of the ordinance codified in this chapter, light trespass without the express permission of the affected property owner is prohibited.
(5) Inoperative and Obsolete Lighting. At such time as lighting is modified, replaced, or upgraded, it must be brought into compliance with this chapter. (Ord. 420 § 9, 2000)
15.15.100 Special uses.
(1) Recreational Facilities. Any light source permitted by this chapter may be used for lighting of outdoor recreational facilities (public or private), including but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, parks, show areas, provided all of the following conditions are met:
(a) Lighting for parking lots and other areas surrounding the playing field, court, or track, shall comply with VMC 15.15.050.
(b) All fixtures used for event lighting shall either be fully shielded, as defined in VMC 15.15.050, or provide sharp cutoff capability, to prohibit upward light, spill-light, light trespass, and glare.
(c) All events shall be scheduled so as to complete all activity by 10:00 p.m. Under no circumstances shall any illumination of a playing field, court, slope, or track be permitted after 11:00 p.m., except to conclude a scheduled event that was in progress before 10:00 p.m. and which could not be concluded earlier.
(2) Outdoor Display Lots. Any light source permitted by this chapter may be used for lighting of outdoor display lots such as, but not limited to, automobile sales or rentals, recreational vehicle sales, or building material sales, provided all of the following conditions are met:
(a) Lighting for parking lots and other areas surrounding the display lot shall comply with VMC 15.15.050.
(b) All fixtures used for display lighting shall either be fully shielded, as defined in VMC 15.15.050, or provide sharp cutoff capability, so as to prohibit upward light, spill-light, light trespass, or direct glare.
(c) Display lot lighting shall be turned off within 30 minutes after closing the business. Under no circumstances shall full illumination of the lot be permitted after 11:00 p.m. All lighting after 11:00 p.m. shall be limited to security lighting. (Ord. 420 § 10, 2000)
15.15.110 Temporary exemptions.
(1) Any temporary emergency lighting required by law enforcement, fire protection, or any other emergency service agency, including all vehicular luminaires, are exempt from this chapter.
(2) Any hazard warning luminaires required by federal regulatory agencies are exempt from this chapter, as long as red luminaires are used which do not exceed the federal minimum lumen output requirements.
(3)(a) Any person may submit a written request to the building and planning official for a temporary exemption, on a form prepared by the jurisdiction and available at Veneta City Hall. In the discretion of that official, approval may be granted under the following conditions:
(i) The purpose proposed is not intended to extend beyond 30 days;
(ii) The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as is feasible, in compliance with VMC 15.15.050;
(iii) The proposed lighting will comply with the general intent of this chapter;
(iv) Granting the permit will promote the public interest.
(b) A temporary exemption application shall contain the following information:
(i) Name(s) and address(es) of applicant(s) and property owner(s);
(ii) Specific exemption or exemptions requested;
(iii) Type and use of the light fixture involved;
(iv) Duration of time requested exemption;
(v) Type of lamp and calculated lumens;
(vi) Total wattage of lamp or lamps;
(vii) Proposed location on premises of the light fixture(s);
(viii) Previous temporary exemptions, if any, and addresses of premises thereunder;
(ix) Physical size of light fixture(s) and type of shielding provided;
(x) Such other data and information as may be required by the building and planning official.
(4) Approval and Duration. The building and planning official shall have five business days from the date of submission of the application for a temporary exemption from this chapter to respond in writing to the request. If permitted, the exemption shall be valid for not more than 30 days from the date of issuance of the permit. The permit may be extended at the discretion of the building and planning official, but no outdoor light fixtures shall be exempt from this chapter for more than 60 days during any 12-month period.
(5) Right of Appeal. If an application for a temporary exemption is denied, the applicant may appeal the issue to the Veneta planning commission, as provided for in VMC 15.15.130. (Ord. 420 § 11, 2000)
15.15.120 Other exemptions.
(1) Street Lighting. Fixtures installed and operated prior to the operative date of the ordinance codified in this chapter are exempt from the requirements of this chapter.
(2) Fossil Fuel Light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this chapter.
(3) State and Federal Facilities. Outdoor light fixtures installed on, and used in connection with, those facilities and land owned or operated by the federal government or the state of Oregon, or any department, division, agency, or instrumentality thereof, are exempt from all requirements of this chapter. Voluntary compliance with this chapter by such facilities is encouraged.
(4) Existing Poles. Poles installed prior to the operative date of the ordinance codified in this chapter, whether or not used as street lighting poles at that time, which subsequently have been proposed for use as a new street lighting source, are exempt from this chapter. (Ord. 420 § 12, 2000)
15.15.130 Violation notice procedures.
(1) On determination by the city administrator that a violation of this chapter exists, the city administrator shall cause notice to be posted on the premises or at the site of the violation, directing the person responsible to remedy the violation.
(2) At the time of posting, the city recorder shall cause a copy of the notice to be forwarded by first class mail to the person responsible at the person’s last known address.
(3) The notice violation shall contain:
(a) A description of the real property, by street address or otherwise, on which the violation exists;
(b) A description of the violation;
(c) A direction to correct the violation within 10 days from the date of the notice;
(d) A statement that failure to remedy the violation may warrant imposition of the fine;
(e) A statement that the person responsible may protest the notice of violation by giving notice to the city recorder within 10 days from the date of the notice. (Ord. 420 § 13, 2000)
15.15.140 Appeal to city council.
(1) The person responsible may appeal a notice of violation or the denial or conditioning of a permit to the city council by filing a written notice of appeal with the city within 10 days from the date of a notice of violation, or the denial or conditioning of a permit application.
(2) The city council shall hold a hearing within 30 days from the filing of the appeal.
(3) The appellant shall carry the burden of providing that the requirements of this chapter have been met.
(4) Notice of violation, notice of denial or conditioning of a permit, and notice of hearing, shall be deemed to be served upon the person responsible upon the earlier of:
(a) Personal service upon the person responsible; or
(b) Deposit of such notice in the mail with first class postage, addressed to the person responsible at the person’s last-known address. (Ord. 420 § 14, 2000)
15.15.150 Conflicts.
Where any provision of federal, state, county, or city statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive shall govern, unless otherwise regulated by law. (Ord. 420 § 15, 2000)
15.15.160 Violations – Enforcement.
(1) Enforcement. City may enforce this chapter through a civil action or by prosecution for a violation.
(2) Penalties. A person found in violation of this chapter, or a permit issued under the authority of this chapter, shall be punished by a fine not to exceed $500.00, in the discretion of the court.
(3) Separate Violations. Each day’s violation of a provision of this chapter constitutes a separate offense. (Ord. 420 §§ 16, 17, 18, 2000)