1994-34738-Ordinance No. 94-024 Recorded 9/1/1994' REVIEWED
' 94-34'738 _
LEGA OUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
94 Ski' - J Aft 10: 22
An Ordinance Adopting Chapter 15.10 * IM,,
Deschutes County Code; Providing * P t _$i_
Outdoor Lighting Control.
* C _41
QTY
ORDINANCE NO. 94-024 jL
WHEREAS, the Board affirms the right of citizens in Deschutes
County, Oregon to illuminate residential, commercial and public areas
with lighting fixtures appropriate to the need while utilizing such
illumination in a way that preserves rural and urban vistas and is
confined to the property from which it is generated.
WHERE, the Board affirms that citizens of Deschutes County, Oregon
have a right to the safety of well -lighted streets and highways and
that such illumination by nature cannot be confined to the property
from which it is generated. Thus, certain high wattage and low wattage
applications for the purpose of highway safety as defined herein are
allowed under these provisions.
WHEREAS, public hearings on the proposed ordinance TA -93-19 have
been held in conformance with state law before the Deschutes County
Planning Commission and Board of County Commissioners for Deschutes
County; and
WHEREAS, after notice and hearings as required by law, the Board
of County Commissioners has considered the recommendation of the
Planning Commission; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. That the Deschutes County Code, Title 15, be amended
to add Chapter 10, "Outdoor Lighting Control," as described in Exhibit
A, attached hereto and by this reference incorporated herein.
Section 2. Codification. The Code Book Review Committee shall
have the authority to format the provisions contained herein in a
manner that will integrate them into the County Code consistent with
the Code Book Review Committee's form and style for ordinance
codification. Such codification shall include the authority to make
format changes, to make changes in numbering systems and to make such
numbering changes consistent with interrelated code sections. In
addition, as part of codification of these ordinances, the Code Book
Review Committee may insert appropriate legislative history references.
Any legislative history references included herein are not adopted as
part of the substance of this ordinance, but are included for
administrative convenience and as a reference. They ay J- changed to
1 - Ordinance 94-024 (08/10/94)
y9�,
X131 g
correct errors and to conform to proper style without action f the
Board of County Commissioners.
Section 3. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a court
of competent jurisdiction, that decision shall not affect the validity
of the remaining portions of this ordinance or any exhibit thereto.
DATED this 31st day of August, 1994.
ATT T:
Recording Secr tary
BOARD OF COUNTY COMMISSIONERS
OF 'DESCHUT,ES, COUNTY, OREGON
I
NANCY PQgg SotfLANGEN, Chair
TOM THROOP, Pommissioner
BARRY H./SLAUGHTERJ Commissioner
2 - Ordinance 94-024 (08/10/94)
Chapter 15.10
OUTDOOR LIGHTING CONTROL
Sections:
15.10.010 Purpose and intent as relates to
residential, commercial and
public area lighting.
15.10.020 Purpose and intent as relates to
street lighting.
15.10.030 Conformance with applicable
codes.
15.10.040
Approved materials and
methods of construction or
installation/operation.
15.10.050
Definitions.
15.10.060
Requirements for installation of
outdoor lighting.
15.10.070
Submission of plans and
evidence of compliance with
code -subdivision plats.
15.10.080
Shielding.
15.10.090
Prohibitions.
15.10.100
Externally lighted outdoor
advertising signs, billboards.
15.10.110 Exemptions.
15.10.120 Violations and penalties.
15.10.130 Violations constitute public
nuisance.
15.10.140 Code requirements table for
shielding.
15.10.010 Purpose and intent as relates
to residential, commercial and
public area lighting.
The purpose of this section is to affirm the
right of citizens in Deschutes County, Oregon
to illuminate residential, commercial and
public areas with lighting fixtures appropriate
to the need while utilizing such illumination in
a way that preserves rural and urban vistas
and is confined to the property from which it
is generated.
15.10.020 Purpose and intent as relates
to street lighting.
The purpose of this section is to affirm that
citizens of Deschutes County, Oregon have a
01 e. 7 -01 %��
right to the safety of well -lighted streets and
highways and that such illumination by nature
cannot be confined to the property from
which it is generated. Thus, certain high
wattage and low wattage applications for the
propose of highway safety as defined below
are allowed under these provisions.
15.10.030 Conformance with applicable
codes.
All outdoor electrically powered
illuminating devices shall be installed in
conformance with the provisions of this code,
the building code, the electrical code, and the
sign code of the jurisdiction. No provision of
this ordinance are intended to pre-empt
applicable state codes.
15.10.040 Approved materials and
methods of construction or
installation/operation.
The provisions of this code 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. The
building official may approve any such
proposed alternate that:
A. Provides an equivalent alternative design
that does not exceed 1800 lumens nor project
light off-site of the subject lot or parcel.
15.10.050 Definitions.
A. Outdoor light fixtures means outdoor
artificial illuminating devices, outdoor fixtures,
lamps and other similar devices, permanently
installed or portable, used for flood lighting,
general illumination or advertisement. Such
devices shall include, but are not limited to,
search, spot and flood lights for:
1. buildings and structures;
2. recreational areas;
3. parking lot lighting;
4. landscape lighting;
5. billboards and other signs (advertising
or other);
6. street lighting
7. product display area lighting;
Chapter 15.10 1 (08/10/94)
8. building overhangs and open canopies.
9. holiday lighting.
B. The Community Development
Department means the Community
Development Department or designated
representative(s) for the purposes of the
ordinance.
C. Exempt light fixtures means outdoor
artificial illuminating devices which are
exempted by Section 15.10.110.
D. Individual means any private individual,
tenant, lessee, owner or any commercial entity
including but not limited to companies,
partnerships, joint ventures or corporations.
E. Installed means initial installation of
outdoor lighting fixtures following the
effective date of this ordinance. Projects with
approved construction plans prior to effective
date of this ordinance are excluded from
compliance with the ordinance in the initial
installation only.
F. Shielding for the purpose of this
ordinance is provided for a lighting fixture by
design of such fixture or by an externally
applied device such as a shroud or hood of
metal, wood or painted glass that does not
allow transmission of light.
1. Fully shielded means outdoor light
fixtures shielded or constructed so that light
rays emitted by the fixture are projected below
the horizontal plane.
2. Partially shielded means shielding so
that the edge of the shield is at or below the
centerline of the light source or lamp so as to
limit light emission above the horizontal plane
to 10 percent or less.
3. Directed shielding means shielding by
design or external application that directs light
downward and limits direct line -of -sight of a
fixture's lamp to the property upon which the
fixture is installed.
4. Unshielded means light fixtures lacking
any means to restrict the emitted light to
below the horizontal plane.
G. High intensity discharge lamp sources
means high pressure sodium, mercury vapor,
metal halide, low pressure sodium, and other
similar lamps.
0137-0094
H. Luminous tube lighting means gas-filled
tubing which, when subjected to high voltage,
becomes luminescent in a color characteristic
of the particular gas used, e.g. neon, argon,
etc.
15.10.060 Requirements for installation
of outdoor lighting.
A. Except as exempted by provisions of this
ordinance, as of the date of adoption, the
installation of outdoor lighting fixtures shall
be subject to the provisions of this ordinance.
15.10.070 Submission of plans and
evidence of compliance with
code -subdivision plats.
A. All proposed subdivisions and partitions
within Deschutes County that include outdoor
lighting fixtures or street lighting shall be
subject to the provisions of this ordinance.
15.10.080 Shielding.
A. All nonexempt outdoor lighting fixtures
shall have shielding as required by the tables
set forth in Section 15.10.140.
15.10.090 Prohibitions.
A. Laser Source Light. The use of laser
source light or any similar high intensity light
for outdoor advertising or entertainment,
when projected above the horizontal is
prohibited.
B. Searchlights. The operation of
searchlights for advertising purposes is
prohibited between eleven o'clock P.M. and
sunrise the following morning.
C. Recreational Facilities. No outdoor
recreational facility, public or private, shall be
illuminated after eleven o'clock P.M. except to
conclude a specific recreational or sporting
event or any other similar activity conducted
at or in the facility which was in progress
under such illumination prior to eleven o'clock
P.M., except that any outdoor recreational
facility, public or private, which is illuminated
with outdoor lighting fixtures conforming to
this code may operate any time with such
illumination.
Chapter 15.10 2 (08/10/94)
15.10.100 Externally lighted outdoor
advertising signs, billboards.
A. All externally lighted advertising signs
and billboards will be illuminated by one of
the following manners:
1. Top mounted fixtures in which case
such fixtures will conform to the shielding
requirements as set forth in Section 15.10.140.
2. Bottom mounted fixtures in which case
such fixtures shall be shielded either by
application of external device or manufactured
in such a way that upward and side directed
light is confined to an area within 4 (four)
inches of the outermost surface of the sign's
top and sides. Shielding will be constructed in
such a manner that no reflective surface of the
lighting fixture will extend past the limit of the
shielding in the vertical plane when viewed
from directly above. (See typical drawings -
Figure 1 and Figure 2 attached)
15.10.110 Exemptions.
A. Nonconformance.
1. All other outdoor light fixtures lawfully
installed prior to and operable on the effective
date of the requirements codified in this
ordinance are exempt from all such
requirements except those regulated in
subsections A, B, and C of Section 15.10.090
or as follows:
a. All replacement of outdoor lighting
fixtures, as of the date of adoption, shall be
subject to the provisions of this ordinance.
b. Until a date five years after the date of
adoption of this code, August 31, 1999.
2. Fossil Fuel Light. All outdoor light
fixtures producing light directly by the
combustion of natural gas or other fossil fuels
are exempt from all requirement of this code.
B. Airport operations lighting and aircraft
navigational beacons as established by the
Federal Aviation Administration are
permanently exempt from these provisions. All
other airport outdoor lighting must conform
to the intent of this ordinance.
C. Correctional Institutions. Exterior
0137-0695
lighting for County correctional institutions
shall be shielded high pressure sodium except
at the immediate entry area, in which case
other lighting may be used that conforms to
the intent of this ordinance.
D. Lights used for holiday decorations for
no more than 45 days are exempt from the
requirements of this ordinance.
E. Carnivals and Fairs that require the use
of temporary outdoor lighting fixtures are
exempt except that permanent installations at
dedicated sites must conform to the
requirements of this ordinance.
F. Historical areas as designated by proper
authority are exempt from the requirements of
this ordinance. Use of the minimum
illumination necessary to maintain public
safety is encouraged.
G. Motion detector lights that operate
automatically for periods of less than 20
minutes.
H. U.S. flags displayed by top mounted
lighting on a 24 hours basis.
I. Internally lighted advertising signs.
J. Temporary exemptions to the provision
of this title for five days per calendar year.
K. Television or movie film productions are
exempt except that permanent installations at
dedicated sites must conform to the
requirements of this ordinance.
L. Customary agricultural practices are
exempt except that permanent installations at
dedicated sites must conform to the
requirements of this ordinance.
M. Construction necessary for an allowed
use are exempt except that permanent
installations at dedicated sites must conform
to the requirements of this ordinance.
15.10.120 Violations and penalties.
For any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve
or convert any lighting structure, or cause the
same to be done, contrary to or in violation of
any provision of this ordinance shall constitute
a code infraction subject to Section 18.144.050
of this Code.
Chapter 15.10 3 (08/10/94)
0137-0096
15.10.130 Violations constitute public
nuisance.
Any outdoor lighting fixture erected,
constructed, enlarged, altered, repaired,
moved, improved, or converted, contrary to
the provisions of this ordinance shall
constitute a code violation subject to Section
18.144.040 of this Code.
15.10.140 Code requirements table for
shielding.
(See attached tables)
Chapter 15.10 4 (08/10/94)
O1 0" 0095
ot-
CD
co
O
n -
. .......
..
.......
.......
........ .
....... .......
...... .......
...... .......
.
...
..... .......
......
... .......
-
00
Icz,
.......
.
.. . ........
...... .......
......
..... .......
...
......
. ..
....... .......
....... .......
.... X
...... .
......
....... .
.......
.......
. .
.......
....... .......
.. ..... ....
......
......
. ..... . . .
0
0
It
Iahaz
-i
. ....
.......
N
V
13 ;
m
N
...
::;:;:
... .......
......
.......
...
..... .
.....
..... .......
.......
, ej
0,
.......
.......
......
.......
.......
....
......
....... ..
.....
.....
.....
.....
..
........
.
.....
..
.....
.
...
.
.... .......
.......
.
....... .......
C'I
It
C,
w
.......
....... .......
Fj
.......
...
.......
.......
.......
...
Lvn)
C�.....
00
0
0
CN
0
rn
.....
......
.......
.......
0
C�
C�
C�
H En a
ril
C4
0
Go
N
N
Ln
cl......
.....
.......
......
.......
.a
H .......
In
CN
In
(N
0
.......
....
.
.......
........
co
Ln
0
o
in
o
o
vi
o
0
0
0
in
0
0
0
0
0
L—LL
Vr,
0
n
I
%0
LL
rl
I
I
H
LL
N
N
m
v
In
CD
co
O
n -
�,�z�JL�n Uf-
w Z w=
(DOt--=)OQ �
�Q
o3:0Luu, ��
W
LL -
:!7
F_
W
G
Z
O
Q
V
LL -
77
O
U
Z
C9
U)
O
O
0
0
0
LU
Q
Z
J
J
}
J
Q
Z
ry
W
57<
W
_l
Q
U'
EL
9