Chapter 3.40
OUTDOOR LIGHTING
Sections:
3.40.010 Purpose and intent.
3.40.020 Definitions.
3.40.030 Applicability.
3.40.040 Exemptions.
3.40.050 General standards.
3.40.060 Submission of plans and evidence of compliance with code – Subdivision plats.
3.40.070 Approved materials and methods of construction or installation/operation.
3.40.080 Appeals.
3.40.090 Law governing conflicts.
3.40.100 Penalties for violations.
3.40.110 Figures of acceptable shielding and direction of outdoor light fixtures.
3.40.010 Purpose and intent.
This chapter is intended to define practical and effective measures by which the obtrusive aspects of excessive and/or careless outdoor light usage can be minimized, while preserving safety, security and the nighttime use and enjoyment of property. The provisions of this chapter are intended to reduce the problems created by improperly designed and installed outdoor lighting, control glare, minimize light trespass onto private property and public spaces, promote energy conservation, and preserve and protect the nighttime character of the sky. [Ord. 4586 § 1, 2011.]
3.40.020 Definitions.
The following terms have the following definitions for purposes of this chapter:
A. “Accent lighting” means any luminaire that emphasizes a particular object or draws attention to a particular area for aesthetic purposes.
B. “Building official” means the building official of the city of Ellensburg.
C. “Cut-off angle” (of a luminaire) means the angle measured from the lowest point between a vertical line from the center of the lamp extended to the ground and the first line of sight at which the bare source is not visible.
D. “Fixture” (also called a “luminaire”) means a complete lighting unit including the lamps, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.
E. “Foot-candle” means a measure of luminance or a measure of how bright a light appears to the eye. One foot-candle is equal to one lumen/square foot. As an example, a typical 60-watt incandescent lamp (840 lumens) produces a luminance of one-tenth foot-candle at a distance of about 25 feet.
F. “Fossil fuel light” means any outdoor lighting fixture producing light directly by the combustion of natural gas or other fossil fuel.
G. “Glare” means light emitting from a luminaire with an intensity great enough to reduce a viewer’s ability to see, and in extreme cases causing momentary blindness.
H. “Installed” means the initial installation of outdoor light fixtures, as defined herein, made subsequent to the enactment of the ordinance codified in this chapter and shall not pertain or apply to those outdoor light fixtures existing at the time of enactment of the ordinance codified in this chapter, or to the maintenance or replacement of existing fixtures with like or similar fixtures.
I. “Lamp” means the light-producing source installed in the socket portion of a luminaire.
J. “Light pollution” means general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky.
K. “Light trespass” means any light emitted by an outdoor luminaire that shines directly beyond the property on which the luminaire is installed, or indirectly shines beyond the property on which the luminaire is installed at a brightness (luminance) that exceeds one-half foot-candle at the property line.
L. Luminaire. See definition for “fixture.”
M. “Outdoor lighting fixture” means a luminaire outside of an enclosed building or structure or any luminaire directed such that it primarily illuminates outdoor areas.
N. “Person” means any individual, lessee, owner, association, or any commercial entity including but not limited to firm, business, partnership, joint venture, or corporation.
O. “Shielding” means that no light rays are emitted by a fixture above the horizontal plane running through the lowest point of the fixture. [Ord. 4586 § 1, 2011.]
3.40.030 Applicability.
A. All outdoor lighting fixtures that are to be installed on private and public property in association with any building permit application or subdivision application shall comply with this chapter. This chapter does not apply to interior lighting. Types of outdoor lighting to which this chapter applies include, but are not limited to, lighting for:
1. Building and structures including, but not limited to, overhangs and canopies;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape and architectural lighting.
B. The city’s building official shall administer and enforce this chapter. [Ord. 4586 § 1, 2011.]
3.40.040 Exemptions.
The following are exempt from the provisions of this chapter:
A. Traffic control signals and devices;
B. Public street lights; provided, however, public street lights must conform to the most current version of the city of Ellensburg public works development standards;
C. Temporary emergency lighting (i.e., fire, police, medical personnel, repair workers) or warning lights;
D. Moving vehicle lights;
E. Navigation lights (e.g., on radio/television towers, microwave towers) or any other lights where state or federal statute or other provision of the Ellensburg City Code requires lighting that cannot comply with this chapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or federal statute;
F. Seasonal decorations;
G. Outdoor lighting approved by the building official for temporary or periodic events (e.g., fairs, nighttime construction);
H. Outdoor lighting fixtures installed prior to the effective date of the ordinance codified in this chapter;
I. Fossil fuel lights. [Ord. 4586 § 1, 2011.]
3.40.050 General standards.
The following general standards shall apply to all nonexempt outdoor lighting fixtures and accent lighting:
A. All light trespass as defined in ECC 3.40.020(K) is prohibited.
B. Shielding. Outdoor lighting fixtures and accent lighting with 2,000 lumens or more must be shielded and aimed downward. Examples of acceptable and unacceptable light pollution control shielding are shown in Figures 1 through 4 in ECC 3.40.110. The shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, with no escaping direct light permitted to contribute to light pollution by shining upward into the sky.
C. All outdoor lighting fixtures and accent lighting shall be designed, installed, located and maintained such that there is no light trespass (see Figure 3 in ECC 3.40.110).
D. Accent lighting shall be directed downward onto the illuminated object or area and not toward the sky or onto adjacent properties (see Figure 4 in ECC 3.40.110). Direct light emissions of such accent lighting shall not be visible above the roof line or beyond the building, structure, or object edge.
E. Bridge, flag, fountain, statue, monument, similar public artwork, feature lighting and private street lighting are permitted provided such lighting does not cause the spilling of direct light to other properties or traveled public ways.
F. Sports Field Lighting. Lighting shall be fully shielded with an allowance of five percent uplighting. Sports field lighting shall be exempt from the light trespass provisions of this chapter; provided, however, such light shall be extinguished when not in use and fixtures shall be aimed to control light trespass to the extent possible for the mounting height and required shielding. [Ord. 4586 § 1, 2011.]
3.40.060 Submission of plans and evidence of compliance with code – Subdivision plats.
A. Submission Contents. The applicant for any building permit or subdivision approval 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 or subdivision approval) 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 part of or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit or subdivision approval:
1. Plans indicating the location on the premises of all proposed newly installed or relocated outdoor lighting fixtures;
2. Description of all proposed newly installed or relocated outdoor lighting fixtures. The description may include, but is not limited to, catalog cuts and illustrations by manufacturers (including sections where required), lamp types, wattages and initial lumen outputs; and
3. Photometric data, such as that furnished by manufacturers, or similar showing the angle of cut-off of proposed newly installed or relocated outdoor light emissions.
B. Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the building 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, 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 shall have been performed and certified by a recognized testing laboratory.
C. Subdivision Plats. If any subdivision proposes to have installed street or other common or public area outdoor lighting, submission of the information as described in subsection (A) of this section shall be required for all such lighting, and the lighting shall comply with the most current version of the city of Ellensburg public works development standards.
D. Lamp or Fixture Substitution. Should any outdoor light fixture approved through the imposition of the requirements of this chapter, or the type of light source therein, be changed after the permit has been issued, a change request must be submitted to the building official for approval, together with adequate information to assure compliance with this chapter, which must be received prior to substitution.
E. Plan Approval. If the building official determines that the proposed lighting does not comply with this chapter, the permit shall not be issued or the plan or subdivision approved. [Ord. 4586 § 1, 2011.]
3.40.070 Approved materials and methods of construction or installation/operation.
A. Approval of Alternatives. 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 by the building official to meet the purpose and intent of this chapter. [Ord. 4586 § 1, 2011.]
3.40.080 Appeals.
Any person aggrieved by a decision of the building official made in the administration of this chapter may appeal such decision by filing a notice of appeal to the city’s board of appeals setting forth the reasons for such appeal. Such notice of appeal shall be filed with city clerk within 20 calendar days of the date of the building official’s decision and be accompanied by nonrefundable fee of $25.00 in order for the appeal to be deemed complete. The board shall consider the appeal within 30 days of the filing of a complete notice of appeal, and shall issue its decision on the appeal within 20 days of completing its hearing of the appeal. [Ord. 4586 § 1, 2011.]
3.40.090 Law governing conflicts.
Where any provision of federal, state, county or city statutes, codes, ordinances or laws conflicts with any provision of this chapter, the most restrictive shall govern unless otherwise provided by law. [Ord. 4586 § 1, 2011.]
3.40.100 Penalties for violations.
It shall be a civil violation for any person to violate any of the provisions of this code, punishable by a monetary penalty not to exceed $50.00. Each and every day or night during which the violation occurs shall constitute a separate offense. [Ord. 4586 § 1, 2011.]
3.40.110 Figures of acceptable shielding and direction of outdoor light fixtures.
The following four figures illustrate acceptable and unacceptable designs for newly installed or relocated outdoor lighting fixtures in the city as regulated by this chapter:
Figure 1: Wall-Mounted Lights
Figure 2: Freestanding Outdoor Lighting Fixtures
Figure 3: Outdoor Lighting Fixtures – Street and Lot Light Cut-Off at Property Line
Figure 4: Accent Lighting
[Ord. 4586 § 1, 2011.]