The purpose of the ordinance codified in this chapter is to govern exterior illumination levels within the municipal boundaries of the town by improving the nighttime lighting environment in town, providing adequate illumination without excessive lighting, and preserving the small town character of the community by reducing glare and offensive lighting.

(Ord. 27-00 (part))

These regulations apply to all exterior lighting in, for, or on new residential, commercial, industrial properties or other structures or areas, installed as of or after the effective date of this chapter, unless specifically exempted.

(Ord. 27-00 (part))

All exterior lighting to which this chapter applies must conform to these regulations.

(Ord. 27-00 (part))

All exterior lighting in existence as of the effective date of this chapter that does not conform to these regulations shall be considered pre-existing and nonconforming. All exterior pre-existing and nonconforming lighting shall be allowed to remain in use and be maintained or repaired. However, all exterior pre-existing and nonconforming light fixtures shall be brought into conformance with these regulations on the earliest of the following: upon replacement of any exterior light fixture(s) valued over $1,500.00; upon a change in the land use classification of the property according to the applicable zoning and use category in the Silt Municipal Code; or upon the town's issuance of any building permit for new construction or for construction that will increase a structure's total square footage by twenty percent or more.

(Ord. 27-00 (part))

A.

All lighting fixtures shall be full cut off and designed to direct lighting below a ninety degree horizontal plane extending from the lowest point of the light source.

B.

All lighting fixtures shall be designed and aimed so that they do not cast or reflect light on adjoining properties.

C.

All lighting fixtures shall be designed and constructed to minimize or eliminate the direct visibility of the light source from adjoining properties.

D.

No lighting shall be aimed upward without a ceiling or overhanging structure that eliminates lighting of the sky.

E.

The following shall be used, in order of preference, to operate exterior lighting fixtures: a functioning motion detector switch, a timer/photocell combination switch, a photocell, a timer, or a switch (only in residential districts). Note: Motion sensors are not advisable for HID sources.

F.

To achieve uniform lighting levels, variation between the minimum and maximum measured footcandle lighting levels identified in the allowed standards table shall not exceed a ratio of 15:1.

G.

Continuous uninterrupted use of exterior lighting is prohibited.

(Ord. 27-00 (part))

Table 17.61.060, Allowed Standards, is adopted as follows:

Table 17.61.060 Allowed Standards

* Decorative fixtures may be used provided that for commercial uses the maximum fixture wattage does not exceed 25% of the total exterior lighting wattage, the maximum individual decorative fixture wattage does not exceed 40 watts—incandescent for unshielded fixtures and where the light source is visible, mounting locations shall not be greater than 10′ above ground level unless the fixture is fully shielded.

A.

Roof Lights. Light sources shall not be affixed to the top of a roof, except where required by applicable building codes.

B.

Unshielded Light Sources. Unshielded light sources are prohibited.

C.

Building Illumination. Flood illumination of buildings from the ground, on pole-mounted lights, or by lights mounted on adjoining structures, is prohibited. Buildings with exceptional symbolic or historical significance (i.e., historical buildings designated by the town, churches or public buildings) may request exemptions from this prohibition.

D.

Nuisance Lights. Lights that are a nuisance, i.e., that flash, move, revolve, blink, flicker, vary in intensity, change color, or use intermittent electrical pulsation, are prohibited. (Temporary winter holiday lights are exempt from this provision).

E.

Low CRI Lamps. Mercury vapor and low-pressure sodium lighting is prohibited.

F.

Architectural Lighting. Linear lighting such as: florescent awnings, continuous rope light or neon, or lighting primarily intended as an architectural highlight to attract attention, to identify the building, or to advertise a business or activity, is prohibited except by special review detailed in Section 17.61.090.

G.

Neon Lights. Neon lighting is prohibited except by special review detailed in Section 17.61.090.

(Ord. 27-00 (part))

The following are exempt from the provisions of this chapter:

A.

Lights used to illuminate public athletic fields, only during the period of time the field is actually in use;

B.

Official traffic control devices and lights owned and operated by or pursuant to proper authority of the United States of America, the state of Colorado, or other governmental agencies, and such other lights as are specifically required by federal or state law;

C.

Street lights or other public safety related right-of-way lighting, to the extent that compliance with this chapter jeopardizes or impairs efforts or actions by the town, or persons or entities under contract with the town, to promote traffic safety and pedestrian safety;

D.

Temporary winter holiday lighting illuminated in conformance with the provisions of the Silt sign code;

E.

Buildings with exceptional symbolic or historical significance (i.e., historical buildings designated by the town, churches or public buildings) may request exemptions from this prohibition by making an application to the board of trustees. The board of trustees shall hold a public hearing upon fifteen days public notice in the newspaper. At the public hearing the board shall consider all evidence pertaining to the historical significance of the structure and may allow lighting that is in keeping with the spirit and intent of this chapter and that minimizes or eliminates lighting trespass, glare and night-sky illumination.

(Ord. 27-00 (part))

In recognition of the need for flexibility to allow some types of exterior accent lighting, such requests shall be evaluated through a special review process before the planning commission. It shall be the objective of this process to ensure that all proposed accent lighting plans and final installations conform to and are in keeping with the purposes and intent of these regulations. Accent lighting special review shall only be available in the following zone districts: B-1, B-2 and that portion of the downtown mixed-use overlay zone district overlying the B-1 or B-2 zone district.

(Ord. 27-00 (part))

Applicants shall submit a written request for accent lighting special review on forms supplied by the town. Applications shall be submitted and deemed complete by the town a minimum of thirty days prior to the planning and zoning commission meeting at which the request will be considered. Incomplete or inadequate applications shall not be accepted for processing or scheduled for review until they are deemed complete and adequate by the staff. The board of trustees shall set the fee for accent lighting special review per this chapter annually by resolution, or as often as necessary, in the board's sole discretion. This fee is in addition to any other applicable fee by the code or by resolution. The applicant for accent lighting special review shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, outside consultant fees and engineering fees, plus appropriate administrative fees, if any.

(Ord. 27-00 (part))

(Ord. No. 8-2012, § 3, 4-23-2012)

Applicants for properties that adjoin any residential zone district directly or across a public right-of-way shall notify each adjoining (including each owner across a public right-of-way) property owner within that district a minimum of fifteen days prior to the planning commission meeting at which the application will be considered. Notice shall be made by first-class mailing, certified return receipt requested, at the most current address obtained from tax records in the Garfield County assessor's office. Such notice shall identify the purpose, location, date and time of the meeting. The applicant shall present proof of mailing at the planning commission meeting.

(Ord. 27-00 (part))

A.

Application form and fee;

B.

Proof of ownership or authorization from property owner to process the request on the owner's behalf;

C.

Written description of the application and the justification for the request;

D.

Hours of operation;

E.

Submission of a scaled detailed lighting plan showing, at a minimum, the following information:

1.

Building elevations and/or property profile identifying lighting fixture locations,

2.

Location and height above grade of each fixture,

3.

Type of fixture and wattage of each light source,

4.

Estimates for site illumination resulting from the proposed lighting, measured in footcandles including minimum, maximum and average footcandles where total wattage exceeds forty watts/fixture or total accent lighting wattage exceeds five hundred watts;

5.

Methods to be employed to eliminate or minimize glare, night sky illumination, lighting trespass or other adverse lighting impacts;

6.

Lighting control switching proposed;

F.

Other information deemed necessary to show compliance with the provisions of this chapter.

(Ord. 27-00 (part))

A.

Accent lighting with the intent of advertising the property or excessively lighting the premises shall not be allowed.

B.

Accent lighting must add to the overall design and appearance of the building or property while minimizing exterior illumination.

C.

Accent lighting shall be limited to the primary frontage of the property. Continuous use of neon lighting to outline the structure is not allowed.

D.

Use of holiday type decorative lighting for accent purposes outside of holiday season (miniature bulbs, icicle lighting, etc.) must be designed to minimize area illumination and shall not be used in quantities that create illumination levels or characteristics otherwise prohibited by this chapter.

(Ord. 27-00 (part))

A.

Town staff shall review the application and forward comments and recommendations to the planning commission in advance of their meeting.

B.

The commission shall review the application, staff comments, consider public input and approve, conditionally approve or deny the application. In the case of an approval or a conditional approval, the commission shall make written findings that the application is in conformance with the provisions of this chapter and list any conditions of approval. The lighting installation must be completed within one year of the planning commission approval or the approval shall lapse. An applicant may request a single extension of one hundred eighty days.

(Ord. 27-00 (part))

The planning commission may grant a variance to these regulations if the commission determines that relief in the form of the variance requested is appropriate in light of the spirit and purpose of these regulations and that the request for a variance meets all of the following criteria:

A.

The variance is consistent with maintaining the public health, safety and welfare;

B.

The variance is consistent with the purposes of this chapter, does not create a nuisance, does not obstruct the public's view of the night sky, conserves or does not waste energy, reduces or does not create glare, promotes or does not impair traffic safety and pedestrian safety, and preserves the small town character of the town;

C.

The applicant has made every reasonable effort to use shielded fixtures, downcast lighting, minimum wattage fixtures, recessed lighting and similar standards in the proposed lighting design for the variance requested.

(Ord. 27-00 (part))

A.

The building official or other authorized town officer or employee shall administer the provisions of this chapter.

B.

It is unlawful to violate any provision of this chapter.

C.

Any continuing violation of this chapter is declared to be a nuisance that may be abated by the town in any lawful manner, or enjoined by a court of competent jurisdiction.

D.

No building permit or occupancy permit shall be issued for work utilizing light fixtures that do not comply with the regulations of this chapter.

(Ord. 27-00 (part))

As used in this chapter, the following terms are defined in this section:

"Cut off fixture" means a fixture by which a maximum of 2.5 percent of the light is illuminated above ninety degrees from the vertical, a maximum of ten percent of the light is illuminated between eighty and ninety degrees from the vertical, and a minimum of ninety percent of the light is illuminated below eighty degrees from the vertical.

"Decorative fixture" means a lighting fixture, which primarily functions to provide an aesthetic statement. If a decorative fixture is not fully shielded, opaque lensing to minimize glare must obscure the bulb.

"Fixture height or "mounting height" means the vertical distance measured from the ground directly below the centerline of the fixture to the lowest part of the light source.

"Footcandles" ("fc") means a unit of surface illumination that is equal to one lumen per square foot. For purposes of these regulations, footcandles shall be measured at a height of three feet above finished grade directly under the illumination source unless otherwise specified in this chapter, as measured by a properly calibrated digital light meter.

"Full cut off fixture" means a fixture that emits zero light at an angle of ninety degrees or more above vertical. No more than ten percent of the total lumens of any light fixture can be above the vertical angle of eighty degrees from the vertical. This applies to all lateral angles around the fixture.

"Fully shielded" means providing internal and/or external shields and/or louvers and/or opaque lensing to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles. Light shall be directed downward.

"Glare" means the sensation produced by brightness within the field of vision that is sufficiently greater than the light level to which the eyes are adapted to cause pain, discomfort, or loss in visual performance and disability.

"High intensity discharge light source" ("HID") means light sources characterized by an arc or discharge capsule that produces light, with typical sources being metal halide, high-pressure sodium, and other similar types that are developed in accordance with accepted industry standards.

"Light pollution" means the excess illumination of the nighttime environment that results in the loss of visibility of the stars.

"Light trespass" means the shining of light produced by a light fixture beyond the boundaries of the property on which it is associated.

"Maximum initial horizontal illuminance" means the maximum lighting level, measured in lumens three feet above ground level, on a horizontal plane located directly below the centerline of the fixture.

"Maximum light spillage" means the maximum illumination of the exterior environment by interior fixtures, as measured in footcandles, at a distance of ten feet from the building.

"Point light source" means the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule).

"Uniformity ratio" means the ratio of maximum illumination to minimum illumination.

(Ord. 27-00 (part))