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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2021 - FIRST READING OF ORDINANCE NO. 040, 2021, AMENDING Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY March 2, 2021 City Council STAFF Kelly Smith, Senior City Planner Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 040, 2021, Amending the Land Use Code Regarding Exter ior Lighting. EXECUTIVE SUMMARY The purpose of this item is to approve changes to the exterior lighting standards in the City Land Use Code for new commercial and multi-family development projects. The goals of the update are to ensure adequate light levels for safety and commerce; update technical criteria to align with current industry metrics; better control the various aspects of light pollution (overlighting, glare, light trespass); and require contextually appropriate lighting plans that result in lower lighting in areas with lower nighttime activity (Natural Areas and residential areas), and higher lighting levels in areas with higher nighttime activity (Downtown and commercial corridors). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past two decades, a growing body of research has confirmed the impacts of light pollution on public health, the environment and wildlife. The 2015 Nature in the City Strategic Plan acknowledges th ese findings and calls for the City to comprehensively address the protection of the night sky through cross -departmental collaboration and external partnerships. In 2016, a group of staff formed the Night Sky Team to spearhead initiatives that encourage best lighting practices, reduce light pollution, raise awareness, and maintain public safety and security. The team meets regularly, and consists of several City departments and service areas, including Light and Power, Utilities’ Integrated Design Assistance Program, Facilities, Planning and Development, Environmental Sustainability, Natural Areas, and Police Services. Furthering the Night Sky Team’s objectives, Council adopted a Resolution 2016-074 in September 2016 expressing support for the following: • Protect and preserve the night sky through implementation of best lighting practices at City -owned facilities and with City-owned lighting; • Incorporate dark sky policies and standards into Building Codes, Land Use Codes and Streetscape Standards when applicable and appropriate; • Educate and raise awareness publicly to encourage best lighting practices throughout the community; • Seek to obtain dark sky certification by an independent body for Natural Areas and other locations in the region that have high quality night skies; • Continue to partner and monitor regional night sky measures annually; and • Pursue night sky protection without compromising health, safety , or security. Agenda Item 16 Item # 16 Page 2 In support of the Nature in the City Strategic Plan and Council’s stated go als, staff have been evaluating and updating codes for building and development projects. In 2017, amendments were adopted to the Residential Code and Energy Code that require night-sky-friendly lighting on all residential and commercial buildings. In 2018, staff began evaluating the Land Use Code standards for exterior lighting on commercial and multi - family development projects. The City contracted Clanton and Associates, a lighting design and engineering firm, to assist with an audit of the existing Land Use Code (LUC) requirements and propose Code changes. Existing City Regulations To help ground the discussion and provide clarity, the table below illustrates how exterior lighting is regulated in the City, and the department responsible for overseei ng the regulation. (Note: The area in gray highlights the LUC update and corresponding development projects up for Council discussion). TABLE 1: CITY REGULATIONS FOR EXTERIOR LIGHTING Residential Code (Building Services) Energy Code (Building Services) Land Use Code (Planning Services) LCUASS (Utilities) Single-Family/ Duplex X Multi-Family X X Commercial X X Signs X Street Rights of Way X Project Need The City’s existing LUC standards for exterior lighting (the “Code”) were adopted i n 1997, which predates LED technology. Aside from periodic minor updates over the years, the Code has remained unchanged. The Code’s intent is to “focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood.” To achieve the intent, the Code is structured around three regulatory controls that are applied uniformly throughout the City: 1. Light Trespass Limits: controls the amount of light entering outside the property boundary; 2. Footcandle Maximums: the maximum allowable light intensity hitting the ground surface; and 3. Full-Cutoff Light Fixtures: the percentage of light emitted above the fixture that directly contributes to skyglow. While the Code helps mitigate impacts to surrounding neighborhoo ds, such as light trespass and skyglow, the regulatory controls and terminology are outdated and less effective. The term “full cutoff” is no longer used by the industry and has been replaced with the BUG rating, a luminaire classification system that addr esses light pollution more comprehensively from all angles. ‘BUG’ stands for Backlight, Uplight and Glare. Backlight is the light directed behind the fixture; Uplight is light directed above the fixture; and Glare is the light perceived by the bulb. Each fixture has a BUG rating and metrics are used to better determine how fixtures will perform in the field. Because the Code only addresses uplight through full -cutoff fixture requirements, and backlight through trespass limitations, glare remains unaddress ed. Glare is difficult to measure in the field, and therefore hard to enforce. The BUG rating provides a pre-emptive and measurable mitigation tool to addressing glare. The Code also regulates lighting around maximum illuminance levels that are uniformly a pplied to every development throughout the City. Therefore, a small business surrounded by a residential neighborhood would have the same lighting requirements as a large commercial center on a major arterial road. Regulating lighting uniformly through maximum allowable levels has led to projects being over-lit, especially in relation to their context. Agenda Item 16 Item # 16 Page 3 Proposed Exterior Lighting Code The proposed Code is based on an ordinance template known as the Model Lighting Ordinance (MLO) that was jointly developed by the Illuminating Engineering Society (IES) and the International Dark Sky Association (IDA). Over the past century, the IES has been the lighting authority that sets national standards for interior and exterior lighting designs. The IES focuses on the human experience of lighting, such as safety, mood and atmosphere, visual comfort, human health, aesthetics, architectural form, and energy conservation. Conversely, IDA’s focus is to protect the night sky through encouraging best practices such as lighting when needed, lighting where needed, directing lighting downward, and using enough lighting as needed. The MLO serves as a flexible framework that can be adapted to meet the needs of individual communities. It is structured around BUG and lumen limits, and thus aligns with current technical metrics that more comprehensively address over-lighting and all lighting angles. BUG and lumen limits are defined by a site’s Lighting Context Area, a zone district overlay comprised of four “brightness” categories, wi th LC0 being the lowest and LC3 the highest. The purpose is to better protect sensitive areas from the impacts of artificial light, such as Natural Areas and residential neighborhoods, while allowing greater lighting levels in commercial areas with higher nighttime activity. The goals of the proposed Code updates are to: • Promote nighttime safety, security, productivity, enjoyment, and commerce on new development sites; • Create a “lighting budget” approach that responds to the specific context of the sit e and lighting needs of the development; • Minimize glare, obtrusive light, artificial sky glow, excessive energy use, and impacts to adjacent properties and neighborhoods; • Protect Natural Areas and the local natural ecosystem from the damaging effects o f electric night lighting; and • Address recent technological advances in outdoor lighting, particularly the advent of energy efficient LED lighting. Other Project Studies In November 2019, Clanton & Associates prepared a Case Studies Report (Report) tha t evaluated the current Code against the proposed Code on five recently completed development projects in different areas throughout the City. The purpose of the Report was to understand the implications of the new Code and its effects on the ground. The report confirmed existing requirements fall short in controlling over -lighting and glare. These findings were further reinforced after staff facilitated four nighttime tours of the development sites featured in the Report. Participants were asked to complete a questionnaire about the qualitative aspects of lighting installations. Questionnaire results and verbal comments mirrored findings in the Report. Clanton & Associates also performed a cost analysis of development sites featured in the Report to dete rmine if the new Code would result in more expensive lighting installations. The Report concluded the proposed Code would not result in more expensive lighting installations. BOARD / COMMISSION RECOMMENDATION • The Planning and Zoning Board voted unanimous ly to recommend Council adopt the proposed LUC lighting requirements at the February 18, 2021 Planning and Zoning Board Hearing. Minutes will be provided when available, but likely with Second Reading. • The Land Conservation and Stewardship Board wrote a letter in support of the proposed LUC lighting requirements. (Attachment 1) • The Natural Resources Advisory Board wrote a letter in support of the proposed LUC lighting Agenda Item 16 Item # 16 Page 4 requirements. (Attachment 2) PUBLIC OUTREACH Throughout the project, staff performed a range of engagement activities to educate and solicit input from community members around perceptions of safety, under or over-lighting, and lighting best practices. In February 2020, staff facilitated four separate evening tours of development projects fea tured in the Case Studies Report to help ground the technical aspects of the Code. Staff used the Report and input received during tours to further refine the Code. On November 1, 2020, a draft of proposed standards was released to the public for review and comment. A webpage dedicated to the Code update was created, and hyperlinks to the webpage were provided on the City’s Night Sky Team webpage and the Land Use Code Updates webpage. The project was advertised in the Climate Action Plan newsletter and the Coloradoan. Throughout the months of November, December and January 2021, staff engaged the broader community through a variety of virtual activities, including public open houses, presentations/discussions to a variety of groups (Chamber of Commerce, Downtown Development Authority, Police Services, Boards, Building Services Team, Light and Power Team, Capital Projects Team), two Technical Advisory Committee workshops, and one-on-one discussions. Staff also facilitated a virtual training session for Cit y Planners responsible for reviewing new lighting plans and applying standards. Comments received varied between stakeholder groups and highlighted different concerns and priorities. Business owners and organizations expressed concern over the Code being a Dark Sky Ordinance that is too restrictive to adequately address our rich and diverse community identity, support a vibrant Downtown, provide safe multi-transit corridors, and address the complexities of our built environment. Similarly, Police Services expressed concern that a Dark Sky Ordinance would result in underlit developments, particularly in Lighting Context Area 1, and that the review process for adding lights for safety was too cumbersome. Police Services also expressed concern over light restrictions within Natural Areas and natural resource buffers because they would result in dark, unsafe places that attract unwanted behavior. Conversely, residents and Boards expressed a desire for stronger regulations that would restrict light trespass , apply enforceable restrictions to single-family residential properties, require existing developments to comply through an amortization process, and create a clear mechanism to address obtrusive lighting (“glare bombs”) immediately. Natural resource protection and low light levels in residential areas were priorities. Below is a table highlighting key comments/concerns expressed by different stakeholders and how the comments/concerns have been addressed. TABLE 2. SUMMARY OF PUBLIC INPUT STAKEHOLDER COMMENT/CONCERN ADDRESSED Public • Concern over light pollution • Would like residential light fixtures to be enforceable • Addressed through BUG and lumen budget • Coordinated with Building Services to address complaints on non- compliant light fixtures on residential properties Police Services • More light needed in Neighborhood Commercial Centers • Better understand philosophy for Context Area Boundaries • Easy process for Police to add light for safety reasons • Concern current light levels are too low and • Changed Neighborhood Center Zone District from LC1 to LC2 • Provided a table in the code of Context Areas and correlating zone districts Provide an administrative approval process for adding lighting should police request Agenda Item 16 Item # 16 Page 5 STAKEHOLDER COMMENT/CONCERN ADDRESSED proposed code could have a negative impacts on crime prevention. • Energy code is not consistent with crime prevention approach to draw eyes from people passing by into developments lighting • Pending: developed an administrative approval process for PD to add lights • Provided an evaluation of sites in LC1 to visit and evaluate Downtown Development Authority • Concern over trespass limitations, particularly for zero-lot-line developments in downtown • LC3 boundary should match Storefront Street Type • Wanted clarity for how illuminated art pieces would be regulated • No low-light hours in Downtown to reflect the 20- hour commercial activity • Allowed greater trespass levels and flexibility for property boundaries abutting public rights of way • Extended LC3 boundary to closely match Storefront Street Type • Staff recommends a content- neutral approach toward art as defining art would be challenging in the code and to administer • This will be addressed during the Energy Code Update Chamber of Commerce • Cost analysis of new lighting plans • Include standards for recreation fields • Include thresholds for Minor Amendments for retrofit requirements • Provided cost analysis • Included standards for recreation fields • Provided thresholds for Minor Amendments and retrofits LCSB • Concern over how Poudre River is being protected, especially Downtown • Support amortization approach to bring existing development into compliance • Supportive of the code and protection of Natural Areas • Included no light spill onto landscape buffer in Downtown River subdistrict • Researching best practices for amortization for future council consideration NRAB • Supportive of the code, particularly for protection of Natural Areas and energy conservation • Ensure natural resources are adequately protected • Included no light spill onto landscape buffer in Downtown River subdistrict P&Z • Support amortization approach to bring existing development into compliance • Include thresholds for Minor Amendments for retrofit requirements • Include standards for recreation fields • Researching best practices for amortization for future council consideration • Provided thresholds for Minor Amendments and retrofits • Included standards for recreation fields ATTACHMENTS 1. Land Conservation and Stewardship Board Letter of Support (PDF) 2. Natural Resources Advisory Board Letter of Support (PDF) 3. Public Comments (PDF) 4. Powerpoint Presentation (PPTX) MEMORANDUM Land Conservation & Stewardship Board To - Fort Collins City Council From - Land Conservation and Stewardship Board (LCSB) Date - February 10, 2021 Subject - Lighting Code Revisions The Land Conservation and Stewardship Board (LCSB) appreciates the City’s efforts to better control various aspects of light pollution and create contextually appropriate lighting plans. Particularly relevant to the LCSB, the proposed revisions provide much-needed attention to limiting nighttime light spill into Natural Areas. As such, the LCSB supports this update to the City's lighting code. If, as we expect, there are future adjustments and revisions, we look forward to working with Community Development and Neighborhood Services and with the Natural Areas Department to reduce ambient light levels and further protect habitat in our Natural Areas. ATTACHMENT 1 MEMORANDUM NATURAL RESOURCES ADVISORY BOARD DATE​: February 17, 2021 TO​: Mayor and City Council Members FROM​: Natural Resources Advisory Board SUBJECT​: Exterior Lighting Code Updates Dear Mayor and Councilmembers, The Natural Resources Advisory Board has reviewed the proposed changes to the Exterior Lighting Code and recommend full adoption of the proposed changes. Light pollution is an insidious but impactful form of pollution, with significant detrimental impacts to both wildlife and human health and limited demonstrated safety benefits. Exposure to light pollution can impact circadian rhythms and sleep patterns, reduce immune function, promote West Nile Virus transmission (of particular concern in Fort Collins), and has been associated with mental health disorders, behavioral disorders in children, and obesity. Inappropriately bright or positioned exterior lighting can actually impair visibility and reduce public safety. We fully support the proposed code changes that help to reduce detrimental effects of exterior lighting, and would support the more restrictive code changes as originally proposed. Thank you for your time and consideration of this matter. Very Respectfully, Danielle Buttke DVM, PhD, MPH, DACVPM Chair, Natural Resources Advisory Board cc: Darin Atteberry, Michelle Finchum ATTACHMENT 2 Public Meetings on Draft Regulations November 12, 2021 and November 18, 2021 • The City should provide general policy on enforcement o Answer: The city does have a process with four distinct steps 1. Preemptive through education 2. Send violation letter 3. Provide time to comply 4. Then impose a fine o City has managed to enforce without ever having to fine • Video signs and sports lighting should be included in the code o Answer: Video signs are prohibited in the sign code o Answer: Recreation fields are included and require specific lighting controls; some folks have advocated for lower color temperatures but there is no consensus in the industry on color temperatures for ball fields. Therefore the City has decided to maintain a cooler color temperature that is current industry standard until consensus is otherwise. • Wouldn’t require a retrofit unless there is a complaint. How can amortization be included? o Answer: amortization is a complex system that will take time to research and evaluate. Staff is committed to evaluating this approach toward compliance recognizing this may take years to assess and implement • Would like better controls on trespass; feel too flexible ATTACHMENT 3 From:Paula Lunberry To:Kelly Smith Subject:[EXTERNAL] Exterior Lighting Code Update Date:Sunday, February 21, 2021 4:06:53 PM To whom it may concern, I am writing as a property owner in the city of Fort Collins to express my appreciation for the extensive work done on the Exterior Lighting Code Update. I support a great many of the proposals outlined but would like to especially echo the concerns of the Police Department regarding illumination and safety, particularly in the downtown area. My husband and I own a number of homes on alleys and have found illumination a critical part of our safety strategy. I would love to see a gradual educational outreach to the public to offer suggestions, not mandates, to improve the way the exterior of homes and outbuildings are illuminated, perhaps even offering rebates to homeowners who transition to updated lighting. The Exterior Lighting Code Update is very expansive, but I hope that the small individual property owner is included in the consideration of this massive plan. Thank you for your time. Sincerely, Paula Lunberry From:Kathleen Kilkelly To:Kelly Smith Subject:[EXTERNAL] FW: External Lighting Code for City Council Date:Tuesday, February 23, 2021 10:36:42 AM Attachments:Ex Lighting.docx Hi Kelly, I wasn’t quite sure how to get this to Council—found this CityLeaders@fcgov.com on the website. If this isn’t the best way, could you please redirect/forward for me? I may try to watch some of the meeting by Zoom, but I‘ve only Zoomed twice and had trouble both times! Thanks, and Good Luck tonight, Kathleen p.s. In the past, I’ve felt comfortable just driving up to some one’s house and knocking on the door— not so much anymore! Therefore, I’ve only collected a few signatures of people where we both feel OK about meeting right now. From: Kathleen Kilkelly <katzen2k@frii.com> Sent: Monday, February 22, 2021 10:14 AM To: 'CityLeaders@fcgov.com' <CityLeaders@fcgov.com> Subject: External Lighting Code for City Council Honorable City Council Members, I am writing to support the External Lighting Standards in the Land Use Code for new commercial and multi-family development projects. Attached, please find my personal letter, as well as a letter of support from some of my neighbors. Although most of us reside in the County, what happens in the City definitely does affect us. As longtime residents, we have noted the deterioration of the night sky quality and would appreciate any external lighting standards that might help prevent further loss. Thank you for your assistance, Kathleen Kilkelly 920 Inverness Rd Fort Collins, CO 80524 February 22, 2021 City Council Members City of Fort Collins, CO Honorable Members, I am writing to support the Exterior Lighting Standards Update Recommendations to the Land Use Code. It is most certainly time to update the present Land Use Code standards of 1997. Much has changed since 1997: the significant growth of the City of Fort Collins, our understanding of the importance of how light impacts the quality of our night sky, the effect of light pollution on nature and the environment, and our improved ability to measure and manage exterior light. Although there were amendments for residential and commercial development approved in 2017, these proposed Recommendations improve both the process and the results. Although I have lived outside the City, in Larimer County, for over 30 years, the influence of exterior light from the City has had a significant influence on the quality of the night sky—as observed from my residence. I have resided in the Fort Collins area for over 50 years, coming and going for international work. Each time I return, after a few years outside the U.S., the increase in light pollution is easily observable and quite distressing to me. When reviewing the Recommendations, the most significant revelation for me was that the ability to accurately measure the impacts of exterior light is dramatically improved over existing standards. Data from the Case Studies conducted were notable in the number of “unable to calculate”, “difficult to access”, “unknown”, and “subjective” comments by the consultant. The combination of using the Model Lighting Ordinance, developed by engineers, combined with standards of the International Night Sky Association, leads to significantly less subjective and more accurate measurements. The use of BUG (Backlight, Uplight, Glare) with Total Site Lumens provides a much more site/project specific analysis. Previous standards often seemed to produce over lighting by treating every project site the same. The introduction of Lighting Context Area zones also increases the site specificity and introduces the opportunity for more flexibility. This is particularly important for me with regard to Natural Areas. The deleterious effects of light pollution on plants and animals are well documented. While I realize that these Recommendations only apply to new commercial and multifamily developments, I also feel that there needs to be a path to begin including already existing developments in order to bring about significant improvements. I would also like to see some recognition that while each application is dealt with individually, the long-term, cumulative effect should be considered. Alternative lighting options such as dimmers, timers, motion sensors and curfews might also be considered. Is it really necessary for hardscapes (especially parking lots) to be fully illuminated after business hours and when commercial operations are closed? Another important question remains concerning enforcement, especially residential lighting. Although some HOAs include light restrictions, they are rarely enforced. In summary, I would urge you to approve the Recommendations, as I believe they will lead to a much more improved process; as well as a significantly better quality of life for residents and the environment. Thank you for your attention, Kathleen Kilkelly 920 Inverness Rd, Ft. Collins, CO 80524 From:Kelly Smith To:Ginny Sawyer; "Richard O"Brien" Subject:RE: [EXTERNAL] Re: Comments on the proposed lighting code changes Date:Monday, February 15, 2021 1:15:00 PM Attachments:image001.png Hi Richard, I hope this email finds you well. I wanted to personally inform you the Final Draft Lighting Code has just been posted on the City’s website: https://www.fcgov.com/developmentreview/lighting- regulations Please share this link with members of your organization, place of business, friends or anyone else who might be interested. There are still several opportunities for you to engage in the process to help further refine the code, demonstrate support or share concerns. This Thursday evening the Planning and Zoning board will be deliberating on the project at a public hearing. It is an important step to adopting the code and provides opportunity for public comment. More information on that meeting can be found here: https://www.fcgov.com/cityclerk/planning-zoning The project will also be discussed at city council work session on February 23, which doesn’t provide an opportunity for public comment. Thereafter, the project will be discussed during First Reading for adoption at council on March 2, which offers a chance for public feedback and discussion. This is another critical opportunity to share input. Staff has received comments from a number of residents, organizations and business owners; some are concerned about the code being too restrictive while others share excitement about reducing light impacts. Therefore staff anticipates a great discussion based on feedback from the public. In the meantime, if you have any questions or concerns, please don’t hesitate to contact me. Staff welcomes all feedback and insight. Thanks again for your interest in this project and appreciate your engagement! Stay warm, Kelly . . . . . . . . . . . . . . . KELLY SMITH, PLA Senior Environmental Planner City of Fort Collins 970-224-6189 office COVID19 Resources For all residents: https://www.fcgov.com/eps/coronavirus For businesses: https://www.fcgov.com/business/ Want to help: https://www.fcgov.com/volunteer/ Recursos COVID-19 Para integrantes de la comunidad: https://www.fcgov.com/eps/coronavirus Para empresas: https://www.fcgov.com/business/ ¿Quieres ayudar o necesitas ayuda? https://www.fcgov.com/neighborhoodservices/adopt Recursos de United Way: https://uwaylc.org/ From: Kelly Smith Sent: Tuesday, January 19, 2021 8:22 AM To: Ginny Sawyer <GSawyer@fcgov.com>; Richard O'Brien <richard.obrien@darksky.org> Subject: RE: [EXTERNAL] Re: Comments on the proposed lighting code changes Hi Richard, We have a revised draft that needs review by our legal staff prior to release. I am hoping review can be completed by the end of the month. A City Council Work Session is scheduled for February 23 to discuss the aspects of the code. The code requires two readings for City Council approval, which will occur in March if all goes well. After which the code will be adopted. Let me know how you would like to be notified of the revised draft code. Thanks for your interest Richard and hope you are well, Kelly . . . . . . . . . . . . . . . KELLY SMITH, PLA Senior Environmental Planner City of Fort Collins 970-224-6189 office COVID19 Resources For all residents: https://www.fcgov.com/eps/coronavirus For businesses: https://www.fcgov.com/business/ Want to help: https://www.fcgov.com/volunteer/ Recursos COVID-19 Para integrantes de la comunidad: https://www.fcgov.com/eps/coronavirus Para empresas: https://www.fcgov.com/business/ ¿Quieres ayudar o necesitas ayuda? https://www.fcgov.com/neighborhoodservices/adopt Recursos de United Way: https://uwaylc.org/ From: Ginny Sawyer <GSawyer@fcgov.com> Sent: Tuesday, January 19, 2021 8:04 AM To: Richard O'Brien <richard.obrien@darksky.org> Cc: Kelly Smith <ksmith@fcgov.com> Subject: RE: [EXTERNAL] Re: Comments on the proposed lighting code changes Hi Richard, We are still moving on this. Kelly, will you share our latest draft and timeline….thank you. ginny From: Richard O'Brien <richard.obrien@darksky.org> Sent: Tuesday, January 19, 2021 7:29 AM To: Ginny Sawyer <GSawyer@fcgov.com> Cc: Kelly Smith <ksmith@fcgov.com> Subject: [EXTERNAL] Re: Comments on the proposed lighting code changes Ginny and Kelly, I'm not aware of where the lighting code proposal is. Has it already gotten a vote from your City Council? If you can give me a link to the current draft I'd appreciate it. We're looking to your effort in Fort Collins as a model for other Colorado communities. Richard Richard OBrien IDA Colorado chapter Boulder On Tue, Nov 10, 2020 at 5:09 PM Ginny Sawyer <GSawyer@fcgov.com> wrote: Richard, Thank you for reviewing and for your comments. As you know, this is impactful work that is quite the journey. I am sharing your feedback with Kelly Smith who has been taking the lead on this lighting code project. Thank you. ginny Ginny Sawyer Project and Policy Manager City of Fort Collins 970.416.2354 From: Richard O'Brien <richard.obrien@darksky.org> Sent: Tuesday, November 10, 2020 3:40 PM To: Ginny Sawyer <GSawyer@fcgov.com> Cc: Bob Stencel <colorado.ida@gmail.com>; Ryan Parker <ryan.parker@darksky.org> Subject: [EXTERNAL] Comments on the proposed lighting code changes Ginny Sawyer City of Fort Collins Dear Ms. Sawyer, Congratulations on reaching the home stretch of work on the proposed lighting code update. I've read the draft. It's excellent. I agree with and applaud the document as a whole. I hope you can enter the following comments into the record. I'm not a lighting professional, but a member of the International Dark-sky Association. I live in Boulder. My comments on the draft: Comment A. The Lighting Context Area boundaries should be determined by an existing use zoning board, to provide a mechanism for appeals, etc. Comment B. Light trespass should be banned regardless of whether the victim's property is special or not. What the draft says: 3.2.4 (B) General Standard 5. Demonstrate no light spill onto designated Fort Collins landmarks or properties listed on the National Register or State Register of Historic Places for which low ambient lighting is important to their historic setting, Natural Areas, Open Space, Natural Habitat Buffer Zones or other sensitive resources. But it should say: 5. Demonstrate no light spill onto any neighboring property. The Backlight requirements would also need to be adjusted for this change; lights near the property line must be rated B0, in all zones. Comment C. All zones must have luminaires rated U0. It's not acceptable to have any uplight in any area. See Table 3.2.4-2. Property owners don't own the airspace above the city. Comment E. The property line should not be extended over public spaces for the purpose of light trespass. The existing wording allows light trespass to these public spaces. To correct this, the following language should be deleted: (E) Limits to Off-Site Impacts For property lines that abut public walkways, plazas, and parking lots, the property line may be considered to be 5 feet beyond the actual property line for the purpose of determining compliance with this section. For property lines that abut public roadways, the property line may be considered to be the centerline of the public roadway for the purpose of determining compliance with this section. Comment F. Building façade lighting should be allowed from above pointing down only. See Table 3.2.4-6. Suggested language: ". . .To use this allowance, luminaires must be above the façade and aimed at the façade below." Comment G. The term "Director" should be in the glossary or specified in the text. "Director" appears in the "(H) Alternative Compliance" section. Richard OBrien International Dark-sky Association Colorado chapter 1Exterior Lighting Code Update March 2, 2021 ATTACHMENT 4 2 §Land Use and Building Code Updates §Monitoring for sky quality in key locations throughout the City §Education, training and outreach §Pilot projects and case studies §Pursue night sky protection without compromising health, safety or security Nature in the City Objective CP2: Work cross-departmentally and with external partners toward a darker night sky Project Need •Change in Industry Metrics •No Full-Cutoff •BUG: addresses all angles of light 3 Project Need 4 •Glare is not controlled •Lighting maximums lead to overlighting •Pole height limits are not defined IES & IDA Partnership 5 PROPOSED CODE 6 Lighting Context Areas Brightness hierarchy •LC0 -No Ambient Lighting •LC1 -Low Ambient Lighting •LC2 -Moderate Ambient Lighting •LC3 -Moderately High Ambient Lighting Model Lighting Ordinance 7 Lighting matches land use and resource protection Engagement Concerns Public & Boards •Impacts of light pollution, in Natural Areas and neighborhoods in particular •Desire for energy conservation •Address obtrusive lighting immediately •Support amortization Police Services •Safety •Simple process for adding lights for safety Businesses •Cost of new lighting installations •Safety •Operational requirements to manage lighting control systems •Cost if amortization is required 8 Pending Refinements 9 •Add “relief valve” for Police Services to initiate request lighting for safety (pending legal review) •Submit formal request to director •Notice to property owner of request •Director determination •Notice of determination to property owner and PD •Effect of determination shall mean an amendment to plans •Appeal Refinements 10 •Remove redundancies/conflicts between Energy Code •Removed low light level hours •Remove Design Standard requiring lighting controls Code Evaluation 11 2021-Collect Data •Alt compliance requests & nature of request •Certification requirement •Site Tours of new projects •Research amortization approaches •Track minor amendments with lighting changes •Adding lighting for safety and nature of request 2022-Evaluations and Recommendations •Modifications to limits? •Amortization requirement? •Change minor amendment threshold for retrofit? •Safety lighting process working? •Should development proposals be routed to PD? •Incentives for retrofits Next Steps 12MARAPRMAYJUNJULAUGSEPOCTNOVDECJANFEBMARAPRCOUNCILADOPTION ALIGN ENERGY/BLDG CODES ENGAGEMENT ENERGY/BLDG CODES COUNCIL ADOPTION ENERGY/BLDG CODES CODE EVALUATION & AMORTIZATION RESEARCH POSSIBLE WORK SESSION ON AMORTIZATION -1- ORDINANCE NO. 040, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE REGARDING EXTERIOR LIGHTING WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, on September 20, 2016 City Council adopted Resolution 2016-074 that identifies, among other things, the goal of incorporating dark sky policies and standards into Building Codes, Land Use Codes and Streetscape Standards when applicable and appropriate; and WHEREAS, the existing exterior lighting standards in the Land Use Code were adopted in 1997, which predate LED technology and current industry metrics; and WHEREAS, the current exterior lighting standards are applied uniformly throughout the City with broad ranges of minimum and maximum illuminance levels; and WHEREAS, the outdated metrics do not address glare, a component of light pollution that causes visual discomfort from excessive brightness and is difficult to control and measure in the field; and WHEREAS, the broad illuminance ranges applied across the City do not prevent over- lighting of development sites in sensitive areas, such as Natural Areas and residential neighborhoods; and WHEREAS, the standards applied uniformly across the City do not acknowledge the unique lighting needs of Downtown, high density and commercial areas; and WHEREAS, the existing lighting requirements do not reflect current research and best practices in exterior lighting to support public safety and security, energy conservation, natural resource protection, and public health; and WHEREAS, to address the aforementioned issues and achieve equitable night sky protection and energy conservation without compromising health, safety or security, staff, after extensive public outreach and input, has proposed amended Land Use Code lighting standards; and WHEREAS, at its February 18, 2021, regular meeting, the Planning and Zoning Board unanimously recommended that Council adopt the amended lighting standards; and -2- WHEREAS, after extensive public input has been received, the City Council has determined that it is in the best interest of the City and its citizens and necessary for the public’s health, safety and welfare that these proposed amendments be adopted. NOW, THEREFORE, BE IT ORDAINED B Y THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.2.4 of the Land Use Code is hereby repealed and replaced in its entirety to read as follows: 3.2.4 Exterior Site Lighting (A) Purpose. The purpose of this Section is to ensure adequate exterior lighting for the safety, security, enjoyment and function of the proposed land use; conserve energy and resources; reduce light trespass, glare, artificial night glow, and obtrusive light; protect the local natural ecosystem from damaging effects of artificial lighting; and encourage quality lighting design and fixtures. (B) General Standard. All development that includes proposed artificial outdoor lighting, except for development on single-family detached residential lots, single-family attached residential lots, and two-family dwelling residential lots for which an application is submitted after [Insert Effective Date of Ordinance], subject to below Subsection 3.2.4(D), shall submit for review and approval a proposed lighting plan that complies with the standards in this Section 3.2.4 and meets the functional needs of the proposed land use without adversely affecting adjacent properties or the community. (C) Design Standards. The lighting plan shall meet the following requirements and all other applicable requirements set forth in this Section 3.2.4: (1) Provide a comprehensive plan that clearly calculates the lumens of all exterior lighting being proposed and demonstrates compliance with impacts to adjacent properties, as outlined in subsections (I) and (J) below. (2) Design different use areas considering nighttime safety, utility, security, enjoyment, and commerce. (3) Reinforce and extend the style and character of the architecture and land use proposed within the site. -3- (4) Demonstrate no light trespass onto Natural Areas, Natural Habitat Buffer Zones or River Landscape Buffers as defined in Section 4.16(E)(5)(b)(1)(a). (5) All lighting shall have a nominal correlated color temperature (CCT) of no greater than 3000 Kelvin. Consider high color fidelity lamps relative to the lighting application. (6) Light poles shall be anodized (or otherwise coated) to minimize glare from the light source. (D) Existing Lighting. Existing lighting shall mean lighting installed or approved prior to [Insert Effective Date of Ordinance]. (1) The addition of three (3) or more new fixtures in excess of the existing number of fixtures, updating or replacement of three (3) or more existing fixtures, or the updating or replacement of between ten (10) and fifty (50) percent of the existing fixtures requires an approved minor amendment pursuant to Section 2.2.10. Such minor amendment review is limited to meeting Section 3.2.4(A), Purpose, Section 3.2.4(C), Design Standards, and Section 3.2.4(I), Limits to Offsite Impacts. (2) The addition of less than three (3) new fixtures in excess of the existing number of fixtures, updating or replacement of less than three (3) existing fixtures, or the update or the replacement of less than ten (10) percent of the existing fixtures requires Director review and approval. The review shall be limited to meeting Section 3.2.4(A), Purpose, Section 3.2.4(C), Design Standards, and Section 3.2.4(I), Limits to Offsite Impacts. The Director may impose conditions of approval to ensure lighting meets the purpose and intent of code requirements. The applicant may appeal the Director’s decision in the same manner as a basic development review or minor subdivision decision as set forth in Land Use Code Section 2.18.3(L). (3) Should the addition of fixtures in excess of the existing number of fixtures or update or replacement of existing fixtures occur incrementally, and the cumulative changes exceed three (3) new fixtures or replacement of between ten (10) and fifty (50) percent of the existing fixtures, whichever is greater, within a ten (10) year period, the addition or update that exceeds such threshold must be approved through a minor amendment pursuant to Section 2.2.10. Such minor amendment will review the cumulative changes or updates and be limited to meeting Section 3.2.4(A), Purpose, Section 3.2.4(C), Design Standards, and Section 3.2.4(I), Limits to Offsite Impacts. -4- (4) Applicants for minor amendments and changes of use pursuant to Land Use Code Section 2.2.10(A) that result in the replacement or upgrade of fifty (50) percent or more of the existing outdoor lighting fixtures at one time or incrementally within a ten (10) year period shall submit a lighting plan for the entire development site that meets the requirements of this Section 3.2.4 and, if necessary to meet such requirements, complete a site lighting retrofit of the entire development site. (5) Applicants for major amendments and changes of use pursuant to 2.2.10(B) shall submit a lighting plan for the entire development site that meets the requirements of this Section 3.2.4 and, if necessary to meet such requirements, complete a site lighting retrofit for the entire development site. (E) Conformance with All Applicable Codes. All outdoor lighting shall be installed in conformance with this Section 3.2.4 and applicable sections of Chapter 5 of the Code of the City of Fort Collins. (F) Exceptions. The following are not subject to the requirements set forth in this Section 3.2.4: (1) Temporary lighting for construction sites, special events, holidays, and other events requiring lighting. (2) Festoon lights installed for less than thirty (30) consecutive days. (3) Lighting within the public right-of-way. Such lighting is regulated under the Larimer County Urban Area Street Standards. (4) Lighting for single family residential housing and duplexes. Such lighting is regulated by the adopted building codes and amendments. (G) Prohibited Lighting. The following lighting is prohibited: (1) Site lighting that may be confused with warning, emergency or traffic signals. (2) Mercury vapor lamps. (H) Lighting Context Areas. The applicable Lighting Context Area shall determine the limitations for exterior artificial lighting. The Lighting Context Areas are described as follows: (1) LC0 – No ambient lighting. Areas where the natural environment will be seriously and adversely affected by lighting. Impacts include disturbing the biological cycles of flora and fauna and/or detracting from human -5- enjoyment and appreciation of the natural nighttime environment. The vision of human residents and users is adapted to the darkness, and they expect to see little or no lighting. (2) LC1 – Low ambient lighting. The vision of human residents and users is adapted to low light levels. Lighting may be used for safety and convenience, but it is not necessarily uniform or continuous. Typical locations include low and medium density residential areas, commercial or industrial areas with limited nighttime activity, and the developed areas in parks and other natural settings. (3) LC2 – Moderate ambient lighting. Areas of human activity where the vision of human residents and users is adapted to moderate light levels. Lighting may typically be used for safety and convenience, but it is not necessarily uniform or continuous. Typical locations include high density residential areas, shopping and commercial districts, industrial parks and districts, City playfields and major institutional uses, and mixed-use districts. (4) LC3 – Moderately high ambient lighting. Lighting is generally desired for safety, security, convenience, and unique site conditions. Lighting is often uniform and/or continuous. Typical locations include select areas in the Downtown Zone District and 24-hour emergency medical sites. Lighting Context Areas generally correspond to zone districts as provided in Table 3.2.4- 1, Lighting Context Areas, although the assigned Lighting Context Area may vary from Table 3.2.4-1 if necessary to accomplish the purposes and intent of this Section 3.2.4. The location of the Lighting Context Areas are shown on the “Lighting Context Area Map” on file at the City Clerk’s office. Table 3.2.4-1 Lighting Context Area Lighting Context Area Land Use Corresponding Zone Districts LC0 Natural Area/Conservation Easement P-O-L (City Natural Areas) LC1 Single Family/Multi-Family/Light Industrial/Employment/ Portions of Harmony District P-O-L (City Parks); R-U-L; U-E, R-F; N-C- L; R-C; L-M-N; M-M-N; I; E; T LC2 Commercial/Industrial/ Portions of Harmony District/High Density Residential C-N; C-C; C-C-N; C-C-R; C-G; C-L; H-C; I , R-D-R, D, H-M-N LC3 Portions of Downtown,24-Hour Emergency Medical Sites D, M-M-N -6- (I) Limits to Off-Site Impacts. All luminaires shall be rated and installed according to Table 3.2.4-2, Table 3.2.4-3, and Table 3.2.4-4, which outline maximum BUG (Backlight-Uplight-Glare) ratings (see Figure B below) for all individual luminaires installed in a given Lighting Context Area. Luminaires equipped with adjustable mounting devices shall not be permitted unless the total lumen output is one hundred fifty (150) lumens or less. For property boundaries that abut public rights-of-way, private streets, private drives, public alleys, and public and private parking lots, the backlight rating, glare rating and illuminance values provided in Tables 3.2.4-2, 3.2.4-4 and 3.2.4-5 respectively, shall be measured ten (10) feet from the property boundary. For all other property boundaries, values shall be measured at the property boundary. For tables 3.2.4-2 and 3.2.4-4 below, to be considered ideally oriented, the luminaire must be mounted with the backlight portion of the light output oriented perpendicular to and towards the property line of concern (see Figure A below). Figure A. Ideally Oriented Luminaire and Mounting Conditions Figure B. Backlight, Uplight and Glare -7- Table 3.2.4-2 Maximum Allowable Backlight Ratings. Mounting Condition LC0 LC1 LC2 LC3 Greater than 2 mounting heights from the property line or not ideally oriented B1 B3 B4 B5 1 to less than 2 mounting heights from the property line and ideally oriented B1 B2 B3 B4 0.5 to less than 1 mounting heights from the property line and ideally oriented B0 B1 B2 B3 Less than 0.5 mounting heights from the property line and ideally oriented B0 B0 B0 B1 Table 3.2.4-3 Maximum Allowable Uplight Ratings. LC0 LC1 LC2 LC3 Allowed Uplight Rating U0 U0 U1 U2 Allowed light emission above 90 degrees for street or area lighting 0% Table 3.2.4-4 Maximum Allowable Glare Ratings. Mounting Condition LC0 LC1 LC2 LC3 Greater than 2 mounting heights from the property line G0 G1 G1 G2 -8- 2 or less mounting heights from the property line and ideally oriented 1 to less than 2 mounting heights from the property line and not ideally oriented G0 G0 G1 G1 0.5 to less than 1 mounting heights from the property line and not ideally oriented G0 G0 G0 G1 Less than 0.5 mounting heights from the property line and not ideally oriented G0 G0 G0 G0 Light Trespass Limitations. The illuminance levels provided in Table 3.2.4-4 shall be used for enforcement, should concerns of obtrusive lighting or question of compliance arise. Lighting plans shall show horizontal illuminance along all lot lines with calculation points spaced no further than ten (10) feet apart. This provision shall apply to all exterior lighting. Lighting Context Area Maximum Horizontal Illuminance Natural Habitat Buffer Zones and River District Landscape Buffers 0.0 LC0 0.0 LC1 0.1 LC2 0.3 LC3 0.8 (J) Site lumen limit. The total installed initial luminaire lumens of all outdoor lighting shall not exceed the total site lumen limit. The total site lumen shall be determined using either the Parking Space Method (Table 3.2.4-5) or the Hardscape Area Method (Table 3.2.4-6). Only one method shall be used per permit application and the applicable method shall be determined by the applicant. For sites with existing lighting, existing lighting shall be included in the calculation of total installed lumens. The total installed initial luminaire lumens are calculated as the sum of the initial luminaire lumens for all luminaires. Sign lighting shall be exempt from the calculation of total installed lumens. Table 3.2.4-6 Allowed Total Initial Luminaire Lumens per Site for Non-Residential Outdoor Lighting, per Parking Space Method. May only be applied to properties up to ten parking spaces (including handicapped accessible -9- spaces). LC0 LC1 LC2 LC3 350 lumens per space 490 lumens per space 630 lumens per space 840 lumens per space Table 3.2.4-7 Allowed Total Initial Lumens per Site for Non-Residential Outdoor Lighting, Hardscape Area Method. May be used for any project. When lighting intersections of site drives and public streets or roads, a total of 600 square feet for each intersection may be added to the actual site hardscape area to provide for intersection lighting. Top level, exterior parking garage decks are included as Hardscape Areas. LC0 LC1 LC2 LC3 Base Allowance 0.5 lumens per square foot of hardscap e 1.25 lumens per square foot of hardscap e 2.5 lumens per square foot of hardscap e 5 lumens per square foot of hardscap e Additional allowances for sales and service facilities. No more than two additional allowances per site. Allowance may only be used to light the specific sales or service area selected and may not be used to light other areas of the site. Building Façades. This allowance is lumen per unit area of building façade that are illuminated. To use this allowance, luminaires must be aimed at the façade. 0 8 lumens per square foot 16 lumens per square foot Outdoor Sales Lots. This allowance is lumens per square foot of uncovered sales lots used exclusively for the display of vehicles or other merchandise for sale, and may not include driveways, parking or other non-sales areas. To use this allowance, luminaires must be within 0.5 mounting heights of the sales lot area. 0 4 lumens per square foot 8 lumens per square foot 16 lumens per square foot Outdoor Dining. This allowance is lumen per unit area for the total illuminated hardscape of outdoor dining. In order to use this allowance, luminaires must be within 0.5 mounting heights of the hardscape area 0 1 lumen per square foot 5 lumens per square foot 10 lumens per square foot -10- of outdoor dining. This allowance includes rooftop dining. Gasoline Station. This allowance is lumens per installed fuel pump. Both sides of a two-sided pump qualify as one allowance. 0 4,000 lumens per pump 8,000 lumens per pump 8,000 lumens per pump (K) Athletic and Recreational Fields. The lighting for athletic and recreational fields are exempted from the lumen, BUG and color temperature requirements in this section and shall meet the following requirements: (1) Lighting shall have a nominal correlated color temperature (CCT) of no greater than 5700 Kelvin. (2) Off-site impacts shall be limited to the maximum extent practical. (3) Lighting controls shall provide the following functions: (a) Lighting shall be dimmable to ten (10) percent to adjust illuminance levels for relative activity (maintenance vs active play). (b) Local or remote manual control with at least two (2) preset illuminance levels. (c) Lights shall be automatically extinguished by one (1) hour after the end of play. (d) Field lighting aimed upward shall be controlled separately from downward-directed field lighting. (L) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative lighting plan that may be substituted in whole or in part for a plan meeting the standards of this Section. (1) Procedure. Alternative compliance lighting plans shall be prepared and submitted in accordance with submittal requirements for lighting plans as set forth in this Section. The plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. -11- (2) Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a lighting plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall consider the extent to which the proposed design meets the functional safety and security needs, protects natural areas from light intrusion, enhances neighborhood continuity and connectivity, fosters nonvehicular access, and demonstrates innovative design and use of fixtures or other elements. Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of the following new definitions to read in their entirety as follows: 5.1.2 Definitions. . . . BUG (Backlight, Uplight, Glare) Rating shall mean the quantity of light within various beam angles, consisting of: (1) Backlight – the percent lamp lumens (non-LED luminaires) or the luminaire initial lumens (LED luminaires) distributed behind a luminaire between zero (0) degrees vertical (nadir) and ninety (90) degrees vertical. (2) Uplight – the percent lamp lumens (non-LED luminaires) or the luminaire initial lumens (LED luminaires) distributed above a luminaire between ninety (90) and one hundred eighty (180) degrees vertical. (3) Glare – the percent lamp lumens (non-LED luminaires) or the luminaire initial lumens distributed sixty (60) and ninety (90) degrees vertical. . . . Correlated color temperature (CCT) shall mean the absolute temperature of a blackbody whose chromaticity most nearly resembles that of the light source. . . . Festoon lighting shall mean electric lighting with individual bulbs suspended along a string that incorporates power wiring and is suspended between two (2) or more points. Glare shall mean the sensation produced by luminances within the visual field that are sufficiently greater than the luminance to which the eyes are adapted that causes annoyance, discomfort, or loss in visual performance or visibility. -12- Hardscape shall mean any non-living horizontal site element, including but not limited to patios, decks, walkways, sidewalks, driveways, and steps. Ideally oriented luminaire shall mean a luminaire mounted with the backlight portion of the light output oriented perpendicular to and towards the property line of concern. Illuminance shall mean the incidental light falling on a surface as measured in footcandles (fc). Total illuminance at a point is a combination of all light sources that contribute. . . . Light loss factor (LLF) shall mean a depreciation factor that describes the drop in light output over the life of the system. The total LLF is determined by a combination of factors, such as lumen depreciation and luminaire dirt depreciation. Light Loss Factors = 1.0 for evaluating compliance with Section 3.2.4. . . . Lumen (lm) shall mean the luminous flux emitted within a unit solid angle by a point source (one steradian) having a uniform luminous intensity of one candela (cd). See luminous flux. Luminaire shall mean a complete lighting device consisting of the light source, lens, reflector, refractor, driver, housing and such support as is integral with the housing. If the driver is located within the housing, it is considered integral and therefore part of the luminaire. The pole, posts, and bracket or mast arm are not considered to be part of the luminaire. Luminance (candelas per square meter, cd/m2 or nits) shall mean the luminous intensity of any surface in a given direction per unit of projected area of the surface as viewed from that direction; i.e., the apparent brightness of a surface. Luminous flux (lumen, lm) shall mean a unit of measure of the quantity of light. One lumen is the amount of light that falls on an area of one square meter, every point of which is one meter from a source of one candela. A light source of one candela emits a total of 12.57 lumens. Light sources are rated in terms of luminous flux. Lumens are used for evaluating compliance with Section 3.2.4. Luminous intensity (candela, cd) shall mean the basic unit of light quantity as measured in candelas. The candela can be thought of as the number of photons per second emitted by the light source. . . . -13- Mounting height (MH) shall mean the vertical distance between the finish grade and the center of the apparent light source of the luminaire. . . . Visibility shall mean the quality or state of being perceivable by the eye. Visibility may be defined in terms of the distance at which an object can be just perceived by the eye or it may be defined in terms of the contrast or size of a standard test object, observed under standardized view-conditions, having the same threshold as the given object. Section 4. That Section 5.1.2 of the Land Use Code is hereby amended by the deletion of the existing definition of “Candela per square meter (nits)” and is replaced with a new definition to read as follows: Candela per square meter (nits) shall mean a unit of measurement referring to the illumination of exposed L.E.D. (light emitting diode) lighting and also referred to as nits. Candela (see luminous intensity), (cd) shall mean the unit of luminous intensity. Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2021, and to be presented for final passage on the 16th day of March, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 16th day of March, A.D. 2021. __________________________________ Mayor ATTEST: ____________________________ City Clerk