Chapter 14.28
LIGHTING STANDARDS
Sections:
14.28.030 Conformance with other regulations.
14.28.060 Permit applications.
14.28.150 Administrative interpretations.
14.28.170 Compliance and enforcement.
14.28.010 Purpose.
A. It is the purpose of this chapter to encourage lighting practices and systems which will minimize light trespass and glare while maintaining night-time safety, utility, security and productivity.
B. It is recognized that the residents who live in and near the city of Leavenworth value the natural environment and desire to protect it as a resource which adds to the rural character, quality of life, and economic well-being of the city and its surrounding environment and that prevention of overlighting, light trespass, and glare plays an important role in maintaining this character. [Ord. 1268 (Exh. C), 2005.]
14.28.020 Scope.
The standards included in this chapter are intended primarily for outdoor lighting related to subdivisions, development and redevelopment; however, indoor lighting which has the capacity to create light trespass and glare, such as that within partially enclosed spaces, is also regulated by this chapter. [Ord. 1268 (Exh. C), 2005.]
14.28.030 Conformance with other regulations.
In the event of conflict between the regulations set forth in this chapter and any other regulations, the more stringent limitation(s) and requirement(s) shall govern unless otherwise interpreted by the community development director. [Ord. 1268 (Exh. C), 2005.]
14.28.040 Definitions.
All definitions relevant to this chapter shall be included in Chapter 21.90 LMC. Unless specifically defined, words or phrases used shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. [Ord. 1544 § 1 (Att. A), 2017; Ord. 1268 (Exh. C), 2005.]
14.28.050 Permits required.
A. Residential lighting permits shall be reviewed concurrently with the application for a building permit or other related approval.
B. Inspections for compliance with this chapter are required.
C. Building, Subdivision, Landscaping, Parking, and Other Similar Lighting Permits (Does Not Include Single-Family Residential Building Permits). When a person seeks a permit for one of the above-listed project types, a lighting permit shall be applied for. The applicant shall, as a part of said application, submit sufficient information as delineated by the community development director to determine if the proposed lighting shall comply with this chapter.
D. Single-Family Residential Lighting Permits – Not Required. Lighting on single-family residential sites (primarily substantial remodels, and new construction) will be reviewed on-site, and compliance with applicable portions of this chapter verified before issuance of the certificate of occupancy. A lighting permit separate from the building permit is not required. [Ord. 1268 (Exh. C), 2005.]
14.28.060 Permit applications.
Persons seeking permits or approval under this chapter shall:
A. Complete and submit an application for a lighting permit.
B. All permits which shall be issued pursuant to administrative processes outlined under “Limited administrative review” in LMC 21.09.030.
C. Lighting permits shall be reviewed and approved by the design review board in addition to the community development director. Zone 1 (see LMC 14.28.080(A)(1)). [Ord. 1268 (Exh. C), 2005.]
14.28.070 Approval process.
A. Person seeking permits or approval under this chapter shall be subject to the level of review required for the associated building permit pursuant to LMC Title 21. If there is no associated level of review, the application shall be processed pursuant to “Limited administrative review.”
B. Temporary Lighting Permits.
1. The community development director may grant a permit for temporary lighting which is not compliant with the requirements of this chapter if he/she finds the following:
a. The proposed lighting is designed in such a manner as to minimize lighting impacts as much as is feasible;
b. The proposed lighting will comply with the general intent of this chapter; and
c. The permit will be for a limited duration of time.
2. The community development director may grant a renewal of the permit if he/she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. [Ord. 1268 (Exh. C), 2005.]
14.28.080 General standards.
A. Different areas, with different developed and natural conditions have differing levels of appropriate light usage, and different sensitivities to the various obtrusive aspects of light usage. Because of this, four lighting zones are hereby defined and established. These zones are described as follows and correspond with the zoned districts of the city’s official zone map:
1. Zone 1: All areas within the city of Leavenworth and its UGA which are zoned commercial and multifamily;
2. Zone 2: All areas within the city of Leavenworth and its UGA which are zoned industrial;
3. Zone 3: All areas within the city of Leavenworth and its UGA which are zoned residential; and
4. Zone 4: All areas within the city of Leavenworth and its UGA which are zoned recreation and recreation-public.
B. Light fixtures shall be aimed, shielded, diffused, and/or have a limited height so that the direct illumination shall be confined to the property boundaries of the source as much as is feasible and light spilled into the night sky or adjacent properties is minimized. All zones.
C. Compliance with the energy conservation standards of the Washington State Energy Code is required. (See the Washington State Energy Code, 2001 Edition.) All zones.
D. On new construction and substantial remodels, exterior lighting installations shall be designed to avoid harsh contrasts in lighting levels for the purpose of reducing glare. Zones 1, 2, and 4.
E. Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves original permit requirements. All zones.
F. Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting and minimizes possible entrapment spaces pursuant to original permit requirements. All zones. [Ord. 1268 (Exh. C), 2005.]
14.28.090 Specific standards.
In addition to those standards required under LMC 14.28.080, General standards, the following prescriptive standards will apply within specific areas and for specific uses as delineated below.
A. Service Station Canopies.
1. Shielding. All luminaires mounted on or recessed into the lower surface of service station canopies shall be fully shielded and utilize flat lenses.
2. Total Under-Canopy Output. The total light output used for illumination under a service station canopy shall be limited to the following:
a. The sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 60 lumens per square foot of canopy.
b. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output.
B. Outdoor Recreation Facilities.
1. Fixtures shall be fully shielded.
2. Fixtures shall remain extinguished outside of normal operating hours.
3. Fixtures are exempt from mounting height restrictions but shall only be elevated to the height necessary to serve the immediate purpose for which they are being used.
C. Open-Air Parking Lots.
1. Fixtures shall be fully shielded;
2. For multilevel parking facilities, the roof level shall be considered an open-air parking lot;
3. Fixtures shall be designed, located, constructed and maintained so that, as much as is feasible, they will not cause direct illumination on adjacent and nearby properties or streets; and
4. The mounting height of fixtures shall not exceed 15 feet above grade or pavement.
D. Parking Structures.
1. Fixtures shall be fully shielded.
2. Interior fixtures shall be designed, located, constructed, and maintained so that as much as is feasible light and reflected light does not spill over or intrude onto adjacent and nearby properties or streets; and
3. The parking structure shall be designed and constructed so that as much as is feasible, light and reflected light from cars within the structure does not spill over or intrude onto adjacent and nearby properties or streets.
E. Subdivision Lighting (Applies to Subdivisions for All Land Uses).
1. All lighting for public thoroughfares and pedestrian areas shall be soft and diffused with the primary purpose of safety;
2. A street light shall be installed at every corner which borders on a dedicated street;
3. Long blocks shall contain intermittent lighting which breaks up the block;
4. Street light mounting heights shall be limited to 20 feet;
5. Light shall be directed onto sidewalks and streets but not onto adjacent properties; and
6. Fixtures shall be fully shielded.
F. Commercial/Industrial Lighting (Zones 1 and 2). Owners of new construction and substantial remodels shall be required to sign a waiver of protest to participation in a local improvement district which will pay for future lighting infrastructure.
G. Private Installations on City Property.
1. Property owners may install temporary lighting in the right-of-way subject to design approval by the design review board (commercial zones) and engineering approval by the public works director.
2. Street lights installed in the public right-of-way belong to the property owner and are subject to repair and maintenance by the property owner; and
3. The city may require removal of lights within the public right-of-way at any time. [Ord. 1268 (Exh. C), 2005.]
14.28.110 Exemptions.
The following uses are exempt in all zones from all requirements of this chapter. Only the provisions noted following that specific item shall be required.
A. Low-wattage holiday decorations and decorative lighting. All zones.
1. Holiday decorations and decorative lighting shall conform with LMC 14.28.120(A).
2. All such lighting and all associated wiring used outdoors shall be certified for outdoor use by the National Electrical Code.
B. Construction lighting for emergency repairs of a temporary nature. All zones.
C. Diffused, muted lighting used for yards, driveways, landscaping, and/or applied to building faces. Zone 3.
D. Radio, Communication, and Navigation Tower Lighting. For areas which are to be exempt, the applicant must demonstrate a verifiable legal or public safety need for exemption to the requirements of this chapter. [Ord. 1268 (Exh. C), 2005.]
14.28.120 Prohibitions.
The following are prohibited:
A. Blinking, flashing, moving, revolving, flickering, changing intensity or color, chase lighting, rope lights, and neon, except lighting which is required for public safety: Lighting Zone 1 (commercial districts only).
B. Any light fixture that may be confused with or construed as a traffic control device: All zones.
C. Any upward oriented lighting, including sign lighting, except as otherwise provided for in this chapter shall only be allowed when upward-oriented lighting is completely contained by an overhanging architectural element: All zones.
D. Searchlights, beacons, and laser source light fixtures: All zones. [Ord. 1268 (Exh. C), 2005.]
14.28.130 Nonconforming uses.
A. Pre-Existing Nonconforming Lighting.
1. No outdoor lighting fixture which was lawfully installed prior to the enactment of this chapter shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this chapter.
2. Where an existing legal nonconforming fixture can be adjusted to continue to serve its primary purpose, but provide for less light trespass onto adjacent properties, said fixture shall be adjusted to come into greater compliance with the requirements of this chapter.
B. Conformance After Abandonment/Damage. In the event that an outdoor lighting fixture is abandoned for more than one year or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this chapter. [Ord. 1268 (Exh. C), 2005.]
14.28.140 Variances.
A. Any person desiring a variance from the standards within this chapter may apply to the hearing examiner pursuant to the processes in LMC Title 21.
B. Alternative Materials and 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 code, provided any such alternate has been approved by the community development director.
1. The community development director may approve any such proposed alternate, provided he/she finds that it:
a. Provides at least approximate equivalence to the applicable specific requirements of this chapter;
b. Provides for greater compliance with the Old World Bavarian architectural theme and sign ordinances;
c. Provides for greater public safety; and
d. Is otherwise satisfactory and complies with the intent of this chapter. [Ord. 1268 (Exh. C), 2005.]
14.28.150 Administrative interpretations.
Administrative interpretations of this chapter shall be made by the director of community development pursuant to the processes within LMC Title 21. [Ord. 1268 (Exh. C), 2005.]
14.28.160 Appeals.
Appeals of the decisions made under this chapter shall be pursuant to the processes within LMC Title 21. [Ord. 1268 (Exh. C), 2005.]
14.28.170 Compliance and enforcement.
Compliance and enforcement of this chapter shall be conducted by the director of community development pursuant to the processes within LMC Title 21. [Ord. 1268 (Exh. C), 2005.]
14.28.180 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 1268 (Exh. C), 2005.]
