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Yachats City Zoning Code

CHAPTER 9

42 LIGHTING

§ 9.42.010 Purpose.

The purpose of this chapter is to provide regulations for outdoor lighting that will accomplish the following goals:
A. 
Permit the use of outdoor lighting that promotes health, safety, security, and productivity;
B. 
Protect shoreline natural resources and wildlife;
C. 
Enhance the view of the night sky;
D. 
Minimize the adverse effects of bright, outdoor lighting including "light trespass" and "glare."
(Ord. 368 § 2, 2021)

§ 9.42.020 Definitions.

Types of light are defined in part by their intended use and impact. Full definitions are in Section 9.04.030. Figure 1 provides basic distinctions between types of light.
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Figure 1. Types of light
Image by Anezka Gocova, in "The Night Issue," Alternatives Journal 39:5 (2013)
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Figure 2. Example of glare from a light pole
Photo: James Lowenthal, Smith College
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Figure 3. Example of glare from car headlights
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Figure 4. Light trespass
(Ord. 368 § 2, 2021)

§ 9.42.030 General lighting requirements.

A. 
Conformance With All Applicable Codes. All outdoor lighting shall be installed in conformance with the provisions of this chapter, applicable electrical and energy codes, and applicable sections of the building codes.
B. 
Applicability. Except as described below, all outdoor lighting installed after the date of this chapter shall comply with the requirements specified in this chapter. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.
C. 
Exemptions. The following are not regulated by this chapter:
1. 
Lighting within the public right-of-way or easement for the principle purpose of illuminating streets.
2. 
Lighting for public monuments and statuary.
3. 
Lighting solely for signs (covered in Chapter 9.44).
4. 
Repairs to existing luminaires not exceeding 25% of the total replacement value of the luminaire.
5. 
Temporary lighting for theatrical, musical, and other performance areas and construction sites.
6. 
Underwater lighting in swimming pools.
7. 
Temporary, seasonal lighting provided that individual lights are less than 10 lumens.
8. 
Lighting that is only used under emergency conditions.
9. 
Lighting identified and approved in a specific use permit.
10. 
Lighting required by County, State, or Federal government.
(Ord. 368 § 2, 2021)

§ 9.42.040 General standards.

A. 
Outdoor lighting fixtures and accent lighting must be shielded and aimed downward, and must be installed at the minimum height necessary so that the cutoff angle does not allow direct lighting of an adjacent property at a level exceeding 0.1 foot-candle at 25 feet from the light source. See examples in Section 9.42.080.
B. 
All trespass lighting/light trespass that exceeds 0.1 foot-candle at 25 feet from the light source or at the property line is prohibited.
C. 
Motion activated security lights must not be triggered by motion on adjacent properties or streets. These lights must be shielded so that they do not shine onto adjacent properties in excess of 0.1 foot-candles at the property line.
D. 
All new marine lighting is prohibited.
E. 
Mercury vapor lamps, metal halide lamps, and low-pressure sodium lamps are prohibited.
F. 
Uplighting of building and landscaping is prohibited.
G. 
Lighting on buildings shall not be placed above the eaves.
(Ord. 368 § 2, 2021)

§ 9.42.050 Standards based on use.

A. 
Single-Family or Two-Family Residential Uses.
1. 
Individual light sources on residential properties are limited to an output of 800 lumens each. An 800 lumen output is approximately equivalent to:
a. 
One standard incandescent 60 watt bulb.
b. 
One compact fluorescent 15 watt bulb.
c. 
One LED eight watt bulb.
2. 
Individual Lot Limit. The sum of the output of all outdoor lighting sources shall not exceed:
a. 
Five thousand six hundred lumens on lots greater than 0.3 acre.
b. 
Three thousand two hundred lumens on lots less than or equal to 0.3 acre.
3. 
Residential light sources shall be less than a color temperature of 3,000 Kelvin.
4. 
Lights on free standing poles higher than four feet are prohibited.
B. 
Multi-Family Uses.
1. 
Individual lamps on multi-family properties are limited to an output of 1,200 lumens each, except for parking areas which may be 2,000 lumens each.
2. 
Individual Lot Limit. The sum of the output of all light sources shall not exceed two and one-half (2.5) lumens per square foot of hardscape.
3. 
A requirement of a to-scale area of illumination plan. A to-scale area of illumination plan shall include:
a. 
To-scale plans that accurately indicate the location, type, intensity, and height of luminaires including both building-mounted and ground-mounted fixtures;
b. 
A description of the luminaires, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer;
c. 
Photometric data, such as that furnished by the manufacturer superimposed over a copy of the site plan, showing the angle of light emission and the foot-candles on the ground; and
d. 
Additional information as may be required by the City in order to determine compliance with this chapter.
4. 
Poles for luminaires shall be limited to:
a. 
Sixteen feet in height for parking areas.
b. 
Ten feet in height for walkways and pedestrian facilities.
C. 
Commercial Uses.
1. 
Commercial uses shall not exceed limits on trespass lighting as specified in Section 9.42.040(B).
2. 
Except for security lighting for pathways and building doors, outdoor lighting fixtures for commercial properties must be turned off when the business is not open. When businesses are closed, residential lighting requirements apply.
3. 
Individual Lot Limit. The sum of the output of all light sources shall not exceed two and one-half (2.5) lumens per square foot of hardscape.
4. 
Requirements of a To-Scale Area of Illumination Plan.
a. 
New developments for commercial uses shall provide an area of illumination plan drawn to scale as part of the site plan.
b. 
An area of illumination plan drawn to scale shall be required with a change of commercial use or transfer of property for existing commercial uses.
c. 
An area of illumination plan drawn to scale shall include:
i. 
The location, type, intensity, and height of luminaires including both building- and ground-mounted fixtures;
ii. 
A description of the luminaires, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer;
iii. 
Photometric data, such as that furnished by the manufacturer, superimposed over a copy of the site plan, showing the angle of light emission and the foot-candles on the ground; and
iv. 
Additional information as may be required by the City in order to determine compliance with this chapter.
5. 
High intensity lights shall be limited to 2,400 lumens per luminaire. Due to their high energy efficiency, long life, and spectral characteristics, narrow-spectrum amber LED's are the preferred illumination source.
6. 
Poles for luminaires shall be limited to:
a. 
Sixteen feet in height for parking lots.
b. 
Ten feet in height for walkways and pedestrian facilities.
D. 
Pedestrian Ways and Parks.
1. 
Illumination. Light shall be directed in such a manner that any changes in elevation of the walkway (e.g., steps or curbs) shall be illuminated such that said features are clearly discernible (without shadow).
2. 
Fixture Type. Pedestrian walkway light fixtures can be a combination of freestanding pole, bollard, in-place step or building-mounted fixtures. For building mounted fixtures, the Planning Director shall ensure that the proposed fixture type will be in scale with the building elevation on which it is to be installed. The Planning Director may refer this latter determination to the Planning Commission.
3. 
Fixture Heights. Light fixtures shall not exceed the following height provisions:
a. 
Freestanding pole - Not greater than 14 feet as measured from finished grade to the bottom of the light fixture.
b. 
Building-mounted - Shall be located below the roofs eave or up to a height of 14 feet, whichever is less.
c. 
Bollard - Said fixture type shall not exceed a height of 42 inches as measured from finished grade to the top of the fixture.
(Ord. 368 § 2, 2021)

§ 9.42.060 Variances.

To provide for reasonable interpretation of this chapter, and in certain instances where this chapter may produce a hardship, a property owner may apply for a variance pursuant to Chapter 9.80 of this code
(Ord. 368 § 2, 2021)

§ 9.42.070 Time to become compliant.

A. 
The general standards described in Sections 9.42.030 and 9.42.040 require compliance within one year after the passage of the ordinance codified in this chapter, notwithstanding the City's non-conforming use provisions in Chapter 9.76 of this code.
1. 
When violations of Section 9.42.040 are issued a notice by the enforcement officer and if the violation can be corrected by replacing an existing bulb with a lower intensity bulb, this corrective action is required to be implemented within 14 days after the notice is issued. Other corrective actions are required to be implemented within 60 days after the notice is issued.
2. 
Marine lighting existing prior to the enactment of the ordinance codified in this chapter must be:
a. 
During April through September, turned off between 11:00 p.m. and sunrise each night, and
b. 
During October through March, turned off between 9:00 p.m. and sunrise each night, and
B. 
Compliance Based on Extent of Modification:
1. 
New Uses and Buildings. For all proposed new land uses, developments, buildings, and structures that require a permit, all outdoor lighting installations shall meet the requirements of this code.
2. 
Additions and Modifications. All building additions or modifications exceeding 25% in terms of additional dwelling units or gross floor area, and that require a permit, either with a single addition or cumulative additions, shall comply with the requirements of this chapter. This requirement shall hold for the entire property, including both previously installed and any new outdoor lighting.
3. 
If replacement or repair is required to an outdoor lighting fixture due to weather damage, accident, vandalism, or other unforeseen event, the outdoor lighting fixture may be replaced as it was previously built. Compliance to Chapter 9.42 requirements is not required. However, if the design is changed in any way then compliance is required.
C. 
Resumption of Use Following Abandonment. If a property or use with non-conforming lighting is abandoned, all outdoor lighting shall be reviewed and brought into compliance with this chapter before the use is resumed.
(Ord. 368 § 2, 2021)

§ 9.42.080 Examples.

A. 
Example showing that bright lights are not always better for security. Glare from bright wall light masks person standing at gate.
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B. 
Example of before and after with addition of shielding on a street light. Shielded light better illuminates roadway and sidewalks. (Images from International Dark-Sky Association Intro to Lighting public materials.)
C. 
Example of shielding reducing glare on property and providing for better illumination of area.
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D. 
Examples of Properly Shielded Light Fixtures. (Images from International Dark-Sky Association Intro to Lighting Public materials.)
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(Ord. 368 § 2, 2021)