Bellevue City Zoning Code

CHAPTER 22

SIGNS, LIGHTING AND FENCES

10-22-1: PURPOSE; STATUTE AUTHORITY:

It is the purpose of this chapter to establish standards for the fabrication, erection, and use of signs, lighting, and fences within the City. These standards are designed to protect and promote the public welfare, health, and safety of persons within the community; to protect property values; to promote traffic safety; to provide visibility and to aid in the development and promotion of business by providing regulations which encourage aesthetic creativity, effectiveness, flexibility in the design and use of such devices; and to promote energy conservation; and is adopted in accordance with the authority granted in Idaho Code sections 67-6518 and 67-6511 and all applicable laws. (Ord. 2015-02, 4-20-2015)

10-22A-1: PURPOSE:

The purpose of this article is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the City. These standards are enacted to:

A. Protect the public health, safety, and welfare of persons within the community.

B. Aid in the development and promotion of business and industry.

C. Encourage aesthetic creativity, effectiveness and flexibility in the design of such devices without creating a detriment to the general public.

D. Reduce hazardous situations, confusion and visual clutter caused by proliferation, improper placement or illumination, and/or bulk of signs which compete for the attention of pedestrian and vehicular traffic. (2018 Code)

10-22A-2: DEFINITIONS:

When used in this article, the following words and phrases shall have the meanings ascribed to them in this section:

ABANDONED SIGN: A sign which no longer advertises a bona fide business, owner, lessor, product or activity conducted.

ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

ARCHITECTURAL BLADE: A roof sign or projecting sign with no visible legs or braces, designed to look as though it could have been part of the building structure rather than something suspended from or standing on the building.

AREA OF SIGN: The area of the face of the sign per side which forms the integral part of the display including letters and art, but excluding the necessary supports, background or uprights on which the signage area may be placed.

ART: Any form that is used to depict form or beauty that is not part of the commercial message of the sign such as scenery.

AWNING: A shelter supported entirely by the exterior wall of the building or structure it is attached to.

BANNER OR PENNANT: A temporarily placed piece of cloth, plastic, paper, or other such material varying in size, shape, or design, erected as an advertising device.

BUILDING COMPLEX: A building or group of buildings within a single architectural plan (like the NAPA building), housing two (2) or more commercial units separated by fire walls, and having their own outside entrance, or entrance from a common lobby like a mall, such as shopping centers, professional office buildings, etc. The building owner may elect to designate a building a complex.

BUILDING FACE OR WALL: All wall area, including windows and doors, of a building in one plane or elevation.

BUILDING FRONTAGE: The linear width of a principal building fronting the street address right-of-way.

CANOPY, AWNING OR MARQUEE SIGN: Any such sign attached to or constructed in or on a canopy, awning or marquee.

CANOPY, STRUCTURAL: Any cover or structure that uses a permanent roof structure to provide protection from weather supported by upright support columns or the principal building itself.

CHANGEABLE COPY SIGN, AUTOMATIC: An electronically or electrically controlled time, temperature and date sign, message center or reader board where different copy changes are shown on the same sign structure or location.

CHANGEABLE COPY SIGN, MANUAL: A sign on which copy or sign panels may be changed manually, such as boards with changeable letters or changeable pictorial boards.

CITY: The City of Bellevue, Idaho.

COMMUNITY OR CIVIC EVENT: A public event which is of interest to the community as a whole. This does not include any commercial product, goods or services.

CONSTRUCTION SIGN: A temporary sign identifying a building or construction site and the architects, engineers, financial institutions, contractors, and suppliers involved.

COPY: The wording on a sign surface.

DESIGN REVIEW COMMISSION: This commission shall be the Planning and Zoning Commission.

FENCE: A barrier, railing, hedge, wall, lattice work, screen, or other upright structure, typically of wood or wire, enclosing an area of ground to make a boundary.

FLASHING SIGN: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.

FREESTANDING SIGN: Any sign separate from a building, being supported by itself or on legs. A sign structure constructed of multiple upright supports, or a monument style. No single pole structures shall be allowed. All pole signs, excluding antiqued ornamental iron (like Southern Belle) or decorative logs, a minimum of fourteen inches (14") in diameter shall be designed and cased as a monument style sign structure.

HEIGHT OF SIGN: The vertical distance measured from the adjacent street grade or upper surface of the street curb to the highest point of said sign.

INTERNALLY LIGHTED SIGN: A sign which is wholly or partially illuminated by an internal light source from which source light passes through the display surface to the exterior of the sign.

MARQUEE SIGN: Any permanent rooflike structure projecting beyond a building. This is generally designed to provide protection from the weather and usually has changeable copy letters on it (i.e., a theater marquee).

MURAL: A picture or scene painted directly on a wall for aesthetic purposes.

NEON SIGN: Any sign or portion of a building illuminated or outlined by tubes using electrically stimulated neon or other gas.

NONCONFORMING SIGN: Any advertising structure or sign which was erected and maintained prior to the effective date hereof, and any amendments hereto, and which fails to conform to all applicable regulations and restrictions of this article.

PERMANENT SIGN: Any sign other than a temporary sign.

PORTABLE SIGN: Any sign not permanently attached to the ground or building, and designed to be easily relocated; also referred to as a "sandwich board sign".

PREMISES: An area of land with its appurtenances and building(s) which, because of its unity, is one unit of real property.

PRINCIPAL BUILDING: The building in which the primary use for the property is conducted.

A. In a single use, one business per building.

B. In a complex, multiple units located in a single building located under one roof/architectural plan from which each business conducts its primary business, having its own entrance from outside or from a common lobby or common corridor like a mall.

PROJECTING SIGN: A sign, other than a wall sign, which is attached to and projects from a structure or building face (like Oak Street Deli).

ROOF SIGN: Any sign erected upon, against, or directly above the primary roofline of a building.

SIGN: A. Every advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interest of any person, entity, product, or service. This definition shall also include the sign structure, supports, lighting system, and any attachments, ornaments, or other features used to draw the attention of others.

B. Any structure or natural object or part thereof, or device attached thereto, or painted or represented thereon, which shall be used to attract attention to any product, place, activity, person, institution, organization, or business; or which displays or includes any letter, word, model, banner, flag, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement.

TEMPORARY BUSINESS SIGN: A temporary business name sign that may be displayed until a permanent business sign is acquired. A permit shall be acquired for such sign, and the display period shall not exceed thirty (30) days.

TEMPORARY SIGN: A sign which is not permanently affixed and has a limited display period, after which it is removed.

TOTAL SIGNAGE: The sum of all areas encompassing letters, symbols and associated art, excluding background and supports.

WALL SIGN: A sign painted on any surface area of a building, including windows and doors attached to or erected against a wall, window or door of a building with the face parallel to the building wall.

WINDOW SIGN: Any sign installed for the purpose of viewing from the outside.

(Ord. 2015-02, 4-20-2015; amd. 2018 Code; Ord. 2021-06, 4-26-2021)

10-22A-3: PERMIT REQUIREMENTS:

A. Permit Required: It is unlawful to erect, construct, reconstruct, alter, paint, or change the use of any sign, as defined in this article, without first obtaining a sign permit from the Planning and Zoning Administrator.

B. Application For Permit: All applications for sign permits shall be accompanied by site plans drawn to scale which show the following specifications: dimensions, lighting, colors, clearances, location, and setbacks to property lines.

C. Denial Of Permit: The City Planning and Zoning Administrator and/or the Planning and Zoning Commission shall have the authority to deny a sign permit application for any sign that does not comply with the requirements of this article. (Ord. 2015-02, 4-20-2015)

10-22A-4: RESTRICTIONS; PROHIBITED SIGNS:

A. It shall be unlawful for any person to erect, construct, alter, maintain, or use any sign except as provided in this chapter.

B. No sign shall be placed in or over any public right-of-way without receiving an approved encroachment permit from the applicable jurisdiction, ITD or the City, except for public signs such as traffic control and directional signs.

C. No sign in any zone shall be erected in such a manner as to obstruct the free and clear vision of vehicular traffic and pedestrians, or at any location where, by reason of similarity of position, shape, color, words or symbols, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

D. The following signs are prohibited or have specified restrictions in any zone:

1. Flashing, revolving, moving intermittent, or oscillating signs, parts, attachments or lights.

2. Roof signs.

3. Neon signs on outsides of buildings unless neon tubes are used for indirect illumination of lettering, not themselves visible (like Valley Car Wash-Hailey).

4. Clocks shall be exempt.

5. Signs which advertise the sale of a product or business not located within the City.

6. Signs using "day-glo", fluorescent, or brilliant luminescent colored or neon lit backgrounds.

7. Any sign covering or obscuring windows, doors, storefronts, building entrances, or other architectural elements.

8. Animated signs or part of a sign that changes physical position.

E. No banners or temporary signs may be used as permanent signs. After they have exceeded their allowed use time, they shall be taken down. (Ord. 2015-02, 4-20-2015)

10-22A-5: HOME OCCUPATION SIGNS PERMITTED IN ALL DISTRICTS:

One professional or home occupation sign not to exceed two (2) square feet of signage area may be erected in any district. (Ord. 2015-02, 4-20-2015)

10-22A-6: PERMITTED SIGNS FOR USES CONDUCTED ON SAME PREMISES (ON SITE) IN BUSINESS, LIGHT INDUSTRIAL/MIXED BUSINESS, LIGHT INDUSTRIAL AND LIMITED BUSINESS/RESIDENTIAL DISTRICTS:

A. Sign Area:

1. Except as otherwise provided herein, the maximum allowable individual building signage area in the Business, Limited Business/Residential, Light Industrial, and Light Industrial/Mixed Business Districts shall not exceed two (2.0) square feet of sign area per linear foot of building frontage up to a maximum of one hundred fifty (150) square feet per building. If the business is located at the intersection of two (2) streets, a second sign may be located on the nonaddress side, not to exceed ten (10) square feet. (Ord. 2015-02, 4-20-2015)

(2018 Code)

2. Internally lighted signs shall not exceed a total of seventy five (75) square feet of sign area per building.

3. Total combined signage area for multiple detached buildings on single parcels shall not exceed two hundred (200) square feet of allowable signage area, including, but not limited to, wall, freestanding, portable and projecting.

4. A square footage bonus will be added to the total square footage allowed for each wall sign made of wooden materials or antiqued pre-aged metals in the Business, Limited Business/Residential, Light Industrial/Mixed Business and Light Industrial Districts. The bonus shall be equal to ten percent (10%) of the total square footage of each such approved sign.

B. Number Of Signs: The maximum number of signs for a building complex including, but not limited to, portable A-frame sidewalk signs, in the Business, Limited Business/Residential, Light Industrial/Mixed Business and Light Industrial Districts shall be as follows: One freestanding sign not to exceed sixty (60) square feet per side for the complex, and one wall sign for each business not to exceed thirty (30) square feet each, and they shall have a common design.

C. Ranch Or Farm Identification Signs: Ranch or farm identification signs incorporated into the entry gate shall not exceed thirty (30) square feet per side.

D. Temporary Business Signs: Temporary business signs shall be permitted after approval of the application is given by the Planning and Zoning Administrator.

E. Inside Window Neon Signs: Inside window neon signs are permitted. The total of all such signs shall not exceed four (4) square feet.

F. Art: Any art that is an integral part of the lettering shall be considered as part of the sign.

G. Illuminated Signs:

1. A sign lit by an external light source shall specifically illuminate the signage area.

2. Signs using backlighting or internal lighting shall only illuminate the signage area (letters-art). All other areas, including background, shall be designed, treated and colored in a manner which makes those areas appear opaque.

H. Neon Nonflashing, Nonchasing Signs: A maximum of one neon nonflashing, nonchasing sign shall be allowed per building, regardless of whether a sign permit is required, with a signage area not to exceed 1.5 square feet. (Ord. 2015-02, 4-20-2015)

10-22A-7: OFF SITE SIGNS IN ALL DISTRICTS:

A. Off site, nonilluminated signs for identification of commercial, tourist, recreational, or cultural use shall be permitted, provided the use's location is off Main Street. Off site signs shall be limited to one with a maximum sign area of ten (10) square feet per side.

B. Any property owner leasing, renting, loaning, or donating space for an off site sign to a commercial, tourist, recreational, or cultural use shall forfeit that same amount of sign area for the property owner's own use.

C. Off site signs on vacant lots are prohibited except for a directional sign to a business in the City limits which has a current, valid business license. One sign is allowed per lot, with the size not to exceed ten (10) square feet per side. (Ord. 2015-02, 4-20-2015)

10-22A-8: EXEMPT SIGNS:

The following signs are exempt from provisions of this chapter:

A. All signs erected in a public right-of-way by a public agency controlling or directing traffic.

B. Political signs pertaining to a specific election displayed within any district, provided they shall be removed within five (5) days after the election.

C. Real estate signs:

1. One unlighted real estate sign in any zone not to exceed four (4) square feet of sign area per side, provided it is located on the premises and shall not occupy any portion of the public right-of-way.

2. One unlighted real estate sign advertising two (2) or more lots for sale not to exceed twenty (20) square feet in area per side, provided it is located on the premises and shall be removed upon the sale of the last lot.

3. One unlighted real estate sign advertising the sale or lease of a farm or ranch ten (10) square feet per side, provided it is located on the premises.

D. One unlighted construction sign announcing the construction of a building or project, with sign area not to exceed twenty (20) square feet per side, provided the sign shall be removed upon occupancy of the building or sale of the land for which the sign was intended. Signs shall not be erected until a building permit is approved.

E. Flags, either official or historical, of any state or nation. The pole height shall not exceed ten feet (10') above the real roofline, and the flag shall not exceed forty (40) square feet.

F. One owner identification or occupant identification sign, and one for rent, warning or trespass sign in the Residential Zone which shall not exceed two (2) square feet per side.

G. Warning signs in commercial and light industrial zones, such as "no parking", and directional signs, such as "entrance", not to exceed two (2) square feet per side.

H. Temporary signs including, but not limited to, portable A-frame sidewalk signs, banners or pennants announcing daily or promotional information for special sales for businesses for profit. Temporary signs shall be removed immediately at the conclusion of the event and may be displayed on the outside of the primary business building or in the on site window area or off site in the ITD or City right-of-way/sidewalk area, provided an encroachment permit has been approved for placement of signage in the right-of-way. Temporary business signage depicting the name of the business may be permitted for a period not to exceed thirty (30) days unless approved by the Administrator for a longer period, provided permanent signage order documents are provided where installation has not been done due to signage components not available to be installed. Temporary signage shall not exceed twenty (20) square feet at any one time.

I. Temporary signs, banners, or pennants announcing community events and conventions, which shall be removed immediately at the conclusion of the event. (Ord. 2015-02, 4-20-2015)

J. Murals. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

K. Signs for charitable, service and other nonprofit organizations. Signs shall not be more than four (4) square feet per side.

L. The Veteran's Memorial sign and the Coca Cola sign on the Odd Fellows building on Main Street, which are hereby declared historical landmarks, and any such other signs so declared by resolution of the Council to be such landmarks.

M. All City signage. (Ord. 2015-02, 4-20-2015)

10-22A-9: NONCONFORMING OR DAMAGED OR DETERIORATING SIGNS:

A. Lawful nonconforming signs shall not be replaced with nonconforming signs.

B. Deteriorating or damaged signs shall be repaired or improved within thirty (30) days of notification. (Ord. 2015-02, 4-20-2015)

10-22A-10: DESIGN AND CONSTRUCTION STANDARDS:

A. No freestanding, projecting, or wall sign shall be designed, constructed, or erected which extends above the primary roofline of the building containing the business it advertises. In any case, no sign shall exceed fifteen feet (15') from ground level to the signage area top unless it is a wall sign. These signs may be mounted up to the real roofline or parapet wall of the building.

B. No projecting or freestanding sign, canopy, or marquee shall extend from a private property boundary over a public right-of-way more than four feet (4') beyond the private property line. All projecting signs shall be set back a minimum of eighteen inches (18") from the street curbing. Prior to extending any sign beyond a property line, the applicant shall obtain and provide an approved encroachment permit from applicable jurisdictions including, but not limited to, ITD and the City. The bottom of any projecting sign may not be lower than twelve feet (12') above any public right-of-way. ITD may approve a canopy or marquee projecting sign with a minimum distance from the bottom of the sign to the ground of eight feet (8'). No sign shall extend above a vehicle passageway.

C. No lettering on any sign, including cutout letter signs, shall exceed twenty four inches (24") in height, except the lettering on a sign located one hundred fifty feet (150') or more from the public street or highway to which it faces and shall not exceed thirty six inches (36") in height.

D. All supports for all signs or sign structures shall be placed in and upon private property unless approved by the applicable owner and the Planning and Zoning Administrator. (Ord. 2015-02, 4-20-2015)

10-22A-11: MAINTENANCE AND REPAIR:

Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the repair or replacement of defective parts, painting, cleaning, and other acts required for maintenance. If the sign is not made to comply with adequate safety and maintenance standards, the Planning Administrator and/or the building inspector shall require its removal in accordance with section 10-22A-12 of this article. (Ord. 2015-02, 4-20-2015)

10-22A-12: REMOVAL AND DISPOSITION OF CERTAIN SIGNS:

A. Abandoned Signs: Any sign that is located on property that is vacant and unoccupied for a period of six (6) months or more; pertains to a time, event, or purpose which no longer applies; or advertises products, services, or facilities which have not been available to the public for a period of six (6) months shall be deemed abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership, management or seasonal closure shall not be deemed abandoned unless the property remains vacant six (6) months or more. Abandoned signs shall be removed by the owner of the premises. Signage depicting incorrect information such as the name of business, hours of operation, phone numbers and addresses shall be removed immediately.

B. Dangerous Or Defective Signs: No person shall maintain or permit to be maintained on any property owned by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises or the owner of the sign. Upon failure of the owner to remove or repair a dangerous or defective sign, the building inspector and/or the Planning and Zoning Administrator shall proceed as described in subsection C of this section.

C. Removal Of Signs: The Planning and Zoning Administrator or building inspector shall cause to be removed any sign that endangers the public safety, such as signs that are abandoned or dangerous structurally, materially, or electrically. The building inspector and/or the Planning and Zoning Administrator shall send a notice by certified mail to the owner of the property on which the sign is located specifying the violation involved. If the sign is not removed or the violation not corrected within thirty (30) days from the date of the mailing, the sign shall be removed in accordance with the provisions of this section. If any such person is unknown or cannot be found, notice shall be mailed to the last known address and posted on the sign or premises.

D. Appeals: The determination of the Planning and Zoning Administrator or building inspector ordering removal or compliance may be appealed by filing written notice with the Planning and Zoning Commission within ten (10) days after receipt of notice.

E. Immediate Removal Of Dangerous Signs: In cases of imminent danger to public safety, the Planning Administrator and/or building inspector may cause immediate removal of a dangerous sign without notice.

F. Disposal Of Signs; Costs: Any sign removed by an agent of the City pursuant to the provisions of this section shall become the property of the City and may be disposed of in any manner deemed appropriate. The cost of removal shall be considered a debt owed to the City by the sign owner or property owner, and may be recovered in court action or result in a lien against the property. (Ord. 2015-02, 4-20-2015)

10-22A-13: COLORS AND MATERIALS FOR SIGNS IN THE HISTORICAL OVERLAY DISTRICT:

In the Historical Overlay Zone, per the Bellevue Comprehensive Plan, signage should be encouraged to utilize the use of natural colors and indigenous materials such as wood, rock, logs, pre- antiqued iron metals and brick. (Ord. 2015-02, 4-20-2015)

10-22B-1: TITLE AND PURPOSE:

This article shall be known and may be cited as the BELLEVUE OUTDOOR LIGHTING ORDINANCE. The purpose of this article is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky, by establishing regulations and a process for review of exterior lighting. This article establishes standards for exterior lighting in order to accomplish the following:

A. To provide safe roadways for motorists, cyclists and pedestrians, and ensure that sufficient lighting can be provided where needed to promote safety and security;

B. To protect against direct glare and excessive lighting;

C. To protect the nighttime use and enjoyment of property and curtail the degradation of the nighttime visual environment, and thereby help preserve the quality of life in the City;

D. To prevent light trespass in all areas of the City;

E. To promote energy efficient and cost effective lighting in all areas of the City;

F. To allow for flexibility in the style of lighting fixtures;

G. To define practical and effective measures by which the obtrusive aspects of outdoor light usage can be minimized, and provide lighting practices that direct appropriate amounts of light where and when it is needed; and

H. To provide assistance to property owners with this article. (Ord. 2015-02, 4-20-2015)

10-22B-2: DEFINITIONS:

Unless specifically defined in this section, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable application. When used in this article, the following words and terms shall have the meanings ascribed to them in this section:

AREA LIGHT: A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights. (See section 10-22B-9, table 1 of this article for light output of various lamps.)

AVERAGE HORIZONTAL FOOT-CANDLE: The average level of illuminance for a given situation (with snow cover if that is to be expected in the given situation), measured at ground level, with the light meter placed parallel to the ground.

BUILDING INSPECTOR: The City of Bellevue building inspector.

CITY: The City of Bellevue, Idaho.

EIGHTY FIVE DEGREE CUTOFF TYPE OF LUMINAIRES: Luminaires that do not allow light to escape above an eighty five degree (85°) angle, measured from a vertical line from the center of the lamp extended to the ground (see section 10-22B-9, figure 2 of this article).

EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of this article.

FLOODLIGHT: A lamp that produces up to one thousand eight hundred (1,800) lumens and is designed to flood a well defined area with light. (See section 10-22B-9, table 1 of this article for light output of various lamps.)

FOOT-CANDLE (FC): The American unit used to measure the total amount of light cast on a surface (illuminance). One foot-candle is equivalent to the illuminance produced by a source of one candle at a distance of one foot (1'). For example, the full moon produces 0.01 foot-candle (foot-candles are measured with a light meter). One foot-candle is approximately equal to ten (10) lux, the British unit used to measure illuminance.

FULL CUTOFF LUMINAIRES: A luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. (See section 10-22B-9, figure 1 of this article.)

FULLY SHIELDED: The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the barrier. (See section 10-22B-9, figure 4 of this article.)

GLARE: Stray, unshielded light striking the eye that may result in:

A. Nuisance or annoyance glare such as light shining into a window;

B. Discomfort glare such as bright light causing a squinting of the eyes;

C. Disabling glare such as bright light reducing the ability of the eyes to see into shadows; or

D. Reduction of visual performance.

HOLIDAY LIGHTING: Strings of individual lamps where the output per lamp is not greater than fifteen (15) lumens.

IESNA: Illuminating Engineering Society of North America (IES or IESNA). The professional society of lighting engineers.

IESNA RECOMMENDED PRACTICES: The current publications of the IESNA setting forth illuminance levels.

ILLUMINANCE: The amount of light falling on any point of a surface measured in foot-candles or lux.

LAMP:

A. The generic term for an artificial light source, to be distinguished from the whole assembly (see definition of luminaire). Commonly referred to as "bulb".

B. The form of radiant energy acting on the retina of the eye to make sight possible.

LIGHT POLLUTION: Any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction of the eye, or any manmade light that diminishes the ability to view the night sky.

LIGHT TRESPASS: Light falling on the property of another or the public right-of-way when it is not required to do so.

LIGHTING: Any or all parts of a luminaire that function to produce light.

LIGHTING ADMINISTRATOR: The Bellevue Planning and Zoning Administrator-Development Service Director who shall administer, interpret, and enforce this article and make recommendations hereunder.

LUMEN: The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty (60) watt incandescent lamp produces nine hundred fifty (950) lumens while a fifty five (55) watt low pressure sodium lamp produces eight thousand (8,000) lumens.

LUMINAIRE: A complete lighting unit, consisting of a lamp or lamps, together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power. When used, the term includes ballasts and photocells. Commonly referred to as "fixture".

MAINTAINED ILLUMINANCE: The condition that occurs after two hundred (200) hours of lamp use prior to a point where luminaire cleaning is necessary. Measurements are taken at ground level with the sensor parallel to the ground for horizontal illuminance and measured at five feet (5') above the ground with the sensor perpendicular to the ground for vertical illuminance.

NONESSENTIAL LIGHTING: Lighting that is not necessary for an intended purpose after the purpose has been served. The term does not include any lighting used for safety and/or public circulation purposes.

OPAQUE: The effect of a part or parts of a luminaire that provide(s) a barrier above and, in some cases, around, the lamp, that does not allow any light to pass through.

PARTIALLY SHIELDED: The luminaire incorporates a translucent barrier, the "partial shield" around the lamp, that allows some light to pass though the barrier while concealing the lamp from the viewer. (See section 10-22B-9, figure 3 of this article.)

PLANNING AND ZONING ADMINISTRATOR-DEVELOPMENT SERVICE DIRECTOR: The City of Bellevue Planning and Zoning Administrator.

SKYGLOW: The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and scattering of light by dust, water vapor and other particles suspended in the atmosphere. Skyglow reduces one's ability to view the night sky.

TEMPORARY LIGHTING: Lighting that is intended to be used for a special event for seven (7) days or less.

TRANSLUCENT: The effect of a part or parts of a luminaire that provide(s) a barrier around the lamp that allows some light to pass through the barrier in a diffused manner such that the lamp cannot be clearly distinguished. (See section 10-22B-9, figure 3 of this article.)

UNSHIELDED: The luminaire only incorporates clear glass, which permits all light to escape. (See section 10-22B-9, figure 5 of this article.)

UPLIGHTING: Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.

WALL WASH: The reflectivity of artificial lighting from the exterior surface of a building or structure. (Ord. 2015-02, 4-20-2015)

10-22B-3: GENERAL STANDARDS:

A. All exterior lighting, excluding street lighting and lighting associated with law enforcement facilities and emergency response facilities, shall be designed, located and lamped in order to prevent or minimize:

1. Overlighting.

2. Energy waste.

3. Glare.

4. Light trespass.

5. Skyglow.

6. Public nuisance.

B. All nonessential exterior commercial, recreational, and residential lighting shall be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes. Residential exterior lighting shall not create a public nuisance by light trespassing.

C. Canopy lights, such as service station lighting or covered entries, shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties.

D. Area lights, excluding public street lighting shall be a minimum of eighty five degree (85°) full cutoff type luminaires.

E. Idaho Power shall not install any luminaires after the effective date hereof that lights the public right-of-way without first receiving approval for any such application by the Lighting Administrator. (Ord. 2015-02, 4-20-2015)

10-22B-4: TYPES OF LUMINAIRES:

No unshielded or clear glass luminaires shall be allowed. All exterior lighting shall use full cutoff luminaires with the light source downcast and fully shielded, with the following exceptions:

A. Luminaires that have a maximum output of one thousand (1,000) lumens per fixture, regardless of number of lamps (equal to one 60-watt incandescent lamp) may be partially shielded, provided the lamp is not visible and the luminaire has an opaque top or is under a solid overhang. (See section 10-22B-9, figure 3 of this article.)

B. Floodlights with external shielding shall be angled; provided, that no light is directly above a thirty degree (30°) angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights-of-way (see section 10-22B-9, figure 6 of this article). Photocells with timers that allow a floodlight to go on at dusk and off by eleven o'clock (11:00) P.M. are encouraged.

C. Residential holiday lighting is allowed from November 1 to March 15. Flashing holiday lights on residential properties are discouraged. Holiday lights shall be turned off by eleven o'clock (11:00) P.M.

D. Commercial holiday lighting is allowed from November 1 to March 15. Commercial holiday lights shall be turned off by eleven o'clock (11:00) P.M. or the close of business, whichever is later.

E. Sensor activated luminaires, provided:

1. They are located in such a manner as to prevent glare and lighting onto properties of others or into a public right-of-way.

2. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased.

3. The luminaire shall not be triggered by activity off the subject property.

F. All temporary emergency lighting needed by the Fire and Police Departments or other emergency services.

G. Uplighting for flags, provided the flag is a United States of America or State of Idaho official flag and the maximum lumen output is one thousand three hundred (1,300) lumens. Flags may be taken down at sunset to avoid the need for lighting. (Ord. 2015-02, 4-20-2015)

H. Uplighting for landscaping is prohibited. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

I. Lighting of radio, communication and navigation towers, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this article.

J. Exterior neon lights are prohibited pursuant to this chapter unless they meet the provisions as set forth in subsection 10-22A-4D3 of this chapter. (Ord. 2015-02, 4-20-2015)

10-22B-5: PLACEMENT AND HEIGHT OF LUMINAIRES:

A. Parking area luminaires shall be no taller than seventeen feet (17') from the ground to their tallest point. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.

B. Freestanding luminaires on private property in residential zones shall be mounted at a height no greater than twelve feet (12') from ground level to the top of the luminaire.

C. Streetlights used on arterial roads may exceed twenty feet (20') in height, with the approval recommendation by the Common Council, and only with a finding that exceeding twenty feet (20') is necessary to protect the safety of the residents of the City.

D. Luminaires used for playing fields shall be exempt from the height restriction, provided all other provisions of this section are met, and the light is used only while the field is in use. (Ord. 2015-02, 4-20-2015)

10-22B-6: ILLUMINANCE LEVELS AND TYPES OF LAMPS:

A. Illuminance levels for parking lots, sidewalks, and other walkways affected by side mounted building lights and freestanding sidewalk lights (non-streetlights) shall not exceed illuminance levels listed in the most current IESNA Recommended Practices. The City recognizes that not every such area will require lighting.

B. Parking lot and parking structure lighting shall not exceed an overall average illumination of 1.5 foot-candles.

C. The use of flood lighting for exterior wall washing is prohibited for residences, condominiums and apartments; the use of recessed eave lighting to achieve wall washing is permitted. Suggested maximum average limits for wall washing are:

1. Dark colored exterior surfaces: 1.0 foot-candle.

2. Light colored exterior surfaces: 0.5 foot-candle.

Illuminance measurements of indirect light creating wall wash shall be measured with an illuminance meter four feet (4') from ground level, with the meter held horizontally and touching the wall surface.

D. Streetlights shall be high pressure sodium, low pressure sodium or metal halide, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall be limited to a seventy (70) watt high pressure sodium (hps) light with a lumen output of six thousand four hundred (6,400). Streetlights along nonresidential streets or at intersections shall be limited to one hundred (100) watts hps, with a lumen output of nine thousand five hundred (9,500); except, that lights at major intersections on State highways shall be limited to two hundred fifty (250) watts hps. If a light type other than high pressure sodium is permitted, then the equivalent output shall be the limit for the other light type (see section 10-22B-9, table 1 of this article).

E. All existing and/or new exterior lighting, excluding street lighting and lighting associated with law enforcement facilities and emergency response facilities, shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (Ord. 2015-02, 4-20-2015)

10-22B-7: PROCEDURES:

A. All applications for design review, conditional use permits, subdivision approvals, applicable sign permits, or building permits shall include lighting plans showing location, type, height, lumen output, and illuminance levels in order to verify that lighting conforms to the provisions of this article. The Lighting Administrator may waive the requirement for illuminance level information only if the Lighting Administrator finds that the illuminance levels conform to this article. For all other exterior lights which must conform to the requirements of this article, an application shall be made to the Lighting Administrator showing location, type, height, lumen output and illuminance levels.

B. The Lighting Administrator shall review any new exterior lighting or any existing exterior lighting on subject property that is part of an application for design review, conditional use permit, subdivision approval, applicable sign permits or building permit to determine whether the exterior lighting complies with the standards of this article.

C. The Lighting Administrator shall convey in writing a recommendation whether the exterior lighting complies with the standards of this article to the Building Official, the City Planning and Zoning Commission, or the Mayor and Common Council of the City, as the case may be, before any review or hearing on a building permit, design review, conditional use permit, subdivision application, or applicable sign permit.

D. For all other exterior lighting which must conform to the requirements of this article, the Lighting Administrator shall issue a decision whether the exterior lighting complies with the standards of this article. All such decisions may be appealed pursuant to subsection 10-3-3A of this title, as amended, to the City Planning and Zoning Commission within thirty (30) days of the decision. (Ord. 2015-02, 4-20-2015)

10-22B-8: VIOLATIONS:

If the Lighting Administrator finds that any provision of this article is being violated, the Lighting Administrator shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. The Planning and Zoning Administrator shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty (30) day period, the Lighting Administrator may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this article or bring a criminal complaint against the violator. (Ord. 2015-02, 4-20-2015)

10-22B-9: FIGURES AND TABLES:

The figures and information sheets in this section shall be incorporated into this article as guidelines for the public and the City for use in enforcing this article. The City does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples. Additional information is provided at the City Planning Department.

FIGURE 1

TABLE 1

INITIAL RATED LIGHT OUTPUT OR VARIOUS LAMPS

(Information from Sylvania #PL-150, General Electric #9200 and Phillips #SG-100 large lamp catalogs)

Lamp Type	Lamp Wattage	Initial Lumen
Incandescent lamp (frosted) (Syl.)	25	235
Incandescent lamp (frosted) (Syl.)	40	375
Incandescent lamp (frosted) (Syl.)	60	890
Incandescent lamp (frosted) (Syl.)	100	1,690
Incandescent lamp (frosted) (Syl.)	150	2,850
Incandescent flood or spot (G.E.)	75	765
Incandescent flood or spot (G.E.)	120	1,500
Incandescent flood or spot (G.E.)	150	2,000
Quartz halogen lamp (frosted) (Syl.)	42	665
Quartz halogen lamp (frosted) (Syl.)	52	885
Quartz halogen lamp (frosted) (Syl.)	72	1,300
Quartz halogen lamp (frosted) (Syl.)	300	6,000
Quartz halogen lamp (frosted) (Syl.)	500	10,500
Quartz halogen lamp (frosted) (Syl.)	1,000	21,000
Quartz halogen mini flood or spot (G.E.) (12 volt MR-16 type)	20	260
Quartz halogen mini flood or spot (G.E.) (12 volt MR-16 type)	42	630
Quartz halogen mini flood or spot (G.E.) (12 volt MR-16 type)	50	895
Quarts halogen mini flood or spot (G.E.) (12 volt MR-16 type)	75	1,300
Fluorescent lamp (Phillips)	7	400
Fluorescent lamp (Phillips)	9	600
Fluorescent lamp (Phillips)	13	900
Fluorescent lamp (Phillips)	22	1,200
Fluorescent lamp (Phillips)	28	1,600
Fluorescent lamp (G.E. cool white)	40	3,150
Low pressure sodium lamp (Phillips)	18	1,800
Low pressure sodium lamp (Phillips)	35	4,800
Low pressure sodium lamp (Phillips)	55	8,000
Low pressure sodium lamp (Phillips)	90	13,500
Low pressure sodium lamp (Phillips)	135	22,500
Low pressure sodium lamp (Phillips)	180	33,000
High pressure sodium lamp (diffuse) (G.E.)	35	2,250
High pressure sodium lamp (diffuse) (G.E.)	50	4,000
High pressure sodium lamp (diffuse) (G.E.)	70	6,400
High pressure sodium lamp (diffuse) (G.E.)	100	9,500
High pressure sodium lamp (diffuse) (G.E.)	150	16,000
High pressure sodium lamp (diffuse) (G.E.)	250	27,500
High pressure sodium lamp (diffuse) (G.E.)	400	50,000

TABLE 2

MOUNTING HEIGHT/LAMP OUTPUT RECOMMENDATIONS

Table 2 of this section lists the maximum lumen levels standards at various heights above ground level. It provides specific examples listing the common types of lighting sources, lumen levels, and permitted mounting heights.

Mounting Height (Feet)	Max Lumens
6	1,000
8	600 to 1,600
10	1,000 to 2,000
12	1,600 to 2,400
16	2,400 to 6,000
20	4,000 to 8,000
24	6,000 to 9,000
28	8,000 to 12,000
32	9,000 to 24,000
36	12,000 to 28,000
40	16,000 to 32,000

TABLE 3

MOUNTING HEIGHT RECOMMENDATIONS PER LAMP TYPE

LOW PRESSURE SODIUM

Wattage	180W	135W	90W	55W	35W	18W
Mounting heights	>40'	30' - 32'	28'	24'	16' - 20'	10'
Initial lumens	33,000	22,500	13,500	8,000	4,800	1,800
Mean lumens	33,000	22,500	13,500	8,000	4,800	1,800
Lamp wattage	180	135	90	55	35	18
Circuit wattage	220	180	125	80	60	30
Initial lum/watt	150	125	108	100	80	60
Mean lum/watt	150	125	108	100	80	60
Annual kWh use	902	738	513	328	216	123

HIGH PRESSURE SODIUM

Wattage	400W	250W	200W	150W	100W	70W	50W	35W
Mounting heights	>50'	32' - 36'	30'	28'	24'	20'	16'	12'
Initial lumens	50,000	28,500	22,000	16,000	9,500	6,300	4,000	2,250
Mean lumens	45,000	25,700	19,800	14,400	8,550	5,470	3,600	2,025
Lamp wattage	400	250	200	150	100	70	50	35
Circuit wattage	465	294	246	193	130	88	66	46
Initial lum/watt	108	97	89	83	73	72	61	49
Mean lum/watt	97	87	80	75	66	64	55	44
Annual kWh use	1,907	1,205	1,009	791	533	361	271	189

Wattage	1,000W	400W	250W	175W	150W	100W	70W	50W	32W
Mounting heights	>60'	>36'	>30'	>28'	>24'	>20'	>16'	>12'	>10'
Initial lumens	110,000	36,000	20,500	16,600	13,000	9,000	5,500	3,500	2,500
Mean lumens	88,000	28,800	17,000	10,350	8,700	6,400	4,000	2,500	1,900
Lamp wattage	1,000	400	250	175	150	100	70	50	32
Circuit wattage	1,070	456	295	215	184	115	88	62	43
Initial lum/watt	103	79	69	77	71	78	63	56	58
Mean lum/watt	82	63	58	48	47	56	45	40	44
Annual kWh	4,387	1,870	1,210	882	754	472	361	254	176

(Ord. 2015-02, 4-20-2015)

10-22C-1: FENCE REQUIREMENTS:

A. Fences in all zoning districts, including the replacement of existing fences, shall be permitted by an application and fee.

B. All fences shall be constructed on the property owner’s property, inside the boundary lines.

C. Property owners in all zoning districts shall be required to identify property pins with either a survey or marking their locations. (Ord. 2021-06, 4-26-2021)

10-22C-2: OBSTRUCTING VISION PROHIBITED:

A. Sight obscuring fences, hedges, walls, lattice work, or screens shall not be constructed in such a manner that vision necessary for safe operation of motor vehicles, bicycles, or pedestrians is obstructed.

B. Fences, hedges, etc., placed on the property line of lots located at the intersection of two (2) streets or a street and an alley shall not exceed a height of three and one-half feet (31/2') beginning at the corner point of the private property boundary and extending a distance of thirty feet (30') down the applicable rear, front or side lot lines. (Ord. 2015-02, 4-20-2015; amd. Ord. 2021-06, 4-26-2021)

10-22C-3: MAINTENANCE AND REPAIRS:

All fences shall be maintained in good condition and repair. (Ord. 2015-02, 4-20-2015; amd. Ord. 2021-06, 4-26-2021)

10-22C-4: HEIGHT IN CERTAIN DISTRICTS:

Fences in the General Residential and Transitional Zoning Districts shall not exceed four feet (4') in height for the front of the property and shall not exceed six feet (6') in height for side and rear of the property unless a conditional use permit has first been obtained therefor. (Ord. 2015-02, 4-20-2015; amd. Ord. 2021-06, 4-26-2021)

10-22C-5: FENCES IN BUSINESS AND LIGHT INDUSTRIAL DISTRICTS:

A sight obscuring fence shall be required by the commission for any use in the Business or Light Industrial District which abuts any residentially owned lot. Said fence shall be stained or painted a single solid color, shall not be used for advertising, and shall be maintained in good repair. (Ord. 2015-02, 4-20-2015; amd. Ord. 2021-06, 4-26-2021)