HomeMy WebLinkAbout2013-02-12 CR - Lighting - 2nd Notice City of Oak Park Heights
14168 Oak Park Blvd. N. Phone: 651.439.4439 - Fax: 651.439.0574
P.O. Box 2007 Email: jhultman @cityofoakparkheights.com
Oak Park Heights, MN 55082
February 12, 2013
Second Notice
Mark Nichols, Store Manager Certified Mail
Walgreen's #6916
6061 Osgood Ave. N.
Oak Park Heights, MN 55082
Re: Light Fixture Covers @ Exterior & Under Pharmacy Drive - Through Canopy
Dear Mr. Nichols:
This letter serves as the City's second notice, advising you of City Ordinance 401.15.B.7 which directs
that all outdoor luminaires have no less than a 90 degree angle for total cut off of the light emitted from
the fixture. First notification and compliance request was mailed to your attention on December 18,
2012. Compliance was requested no later than January 19, 2013. As of today, I have received no
response from you nor has compliance been met.
The exterior lighting fixtures installed under the exterior pharmacy drive - through canopy have fixture
covers that do not create total full cut off of the light fixtures as required by City Ordinance. The lens
covers installed at the canopy drop down from the canopy and allow light emission to the sides of the
light fixture.
In order to achieve total cut off, the fixture lens through which light is emitted shall not extend beyond a
solid material, which restricts light emission, above and to each side of the fixture.
Among other options, compliance at the canopy may be achieved by replacement of the current lens
covers, with flat lens covers that are flush with the canopy ceiling or by shielding the drop down portion
of the existing lenses with solid material so that no light is emitted from all sides of the fixtures.
In addition to the canopy light fixtures, there are exterior lights installed to the North side of the exterior
that do not have full cut -off shields. Compliance to exterior placed wall fixtures may be achieved
through installation of full -cut of shields to them.
With this letter, you are once again directed to take inventory of your exterior lighting and take the
steps necessary to correct the fixtures referenced and to ensure that all exterior lighting is full -cut off
and ordinance compliant no later than Monday, February 25, 2013.
A site visit shall be made after this date to verify code compliance. If compliance is not found, this
matter shall be forwarded to the Police Department with a recommendation to cite you for violation of
City Ordinance 401.15.B.7.
Your prompt attention is requested and appreciated. If you would like review of any proposed
compliance solutions prior to compliance work, please let me know. If you have any questions, contact
me immediately.
Sincerely,
Juli Itman, C.B.O.
Pla n' g & Code Enforcement
Enclosures:
• December 18, 2012 letter
• City Ordinance 401.15B.7
c: Eric Johnson, City Administrator (w /o enclosures)
Brian DeRosier, Chief of Police (w /o enclosures)
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City of Oak Park Heights
14168 Oak Park Blvd. N. Phone: 651.439.4439 - Fax: 651.439.0574
P.O. Box 2007 Email: jhultman @cityofoakparkheights.com
Oak Park Heights, MN 55082
December 18, 2012
Mark Nichols, Store Manager
Walgreen's #6916
6061 Osgood Ave. N.
Oak Park Heights, MN 55082
Re: Light Fixture Covers @ Exterior & Under Pharmacy Drive - Through Canopy
Dear Mr. Nichols:
Please be advised of City Ordinance 401.15.6.7 which directs that all outdoor luminaires have no less
than a 90 degree angle for total cut off of the Tight emitted from the fixture. The Tens through which Tight
is emitted shall not extend beyond a solid material, which restricts light emission, above and to each
side of the fixture. This is also known as a full or total cut off. A copy of this ordinance is enclosed for
your convenience.
The exterior lighting fixtures installed under the exterior pharmacy drive - through canopy have fixture
covers that do not create total full cut off of the light fixtures as required by City Ordinance. The lens
covers installed at the canopy drop down from the canopy and allow Tight emission to the sides of the
Tight fixture.
Among other options, compliance at the canopy may be achieved by replacement of the current lens
covers, with flat Tens covers that are flush with the canopy ceiling or by shielding the drop down portion
of the existing lenses with solid material so that no light is emitted from all sides of the fixtures.
In addition to the canopy light fixtures, there are exterior lights installed to the North side of the exterior
that do not have full cut -off shields. Compliance to exterior placed wall fixtures may be achieved
through installation of full -cut of shields to them.
With this letter, you are directed to take inventory of your exterior lighting and take the steps necessary
to correct the fixtures referenced and to ensure that all exterior lighting is full -cut off and ordinance
compliant no later than Wednesday, January 9, 2013. A site visit shall be made after this date to verify
code compliance.
Your prompt attention is appreciated. I'd be happy to review any proposed compliance solution you
have prior to any change out. Please let me know if you have any questions.
Sincerely,
/5i
Julie Hultman, C.B.O.
Planning & Code Enforcement
Enclosure
c: Eric Johnson, City Administrator (w /o enclosures)
401.15.B. General Building and Performance Requirements.
1 7. Outdoor Lighting.
a. Purpose. It is the purpose of this Ordinance section to encourage the use
of lighting systems that will reduce Tight pollution and promote energy
conservation while increasing night time safety, utility, security and
productivity.
b. Exemptions. The provisions of this section shall not apply to the following:
1) This section does not prohibit the use of temporary outdoor lighting
used during customary holiday seasons.
2) This section does not prohibit the use of temporary outdoor lighting
used for civic celebrations and promotions.
3) Lighting required by a government agency for the safe operation of
airplanes, or security lighting required__ on government buildings or
structures.
4) Emergency lighting by police, fire and rescue authorities.
c. Non- Conforming Uses.
1) All outdoor lighting fixtures existing and legally installed prior to the
effective date of this Ordinance (15 October 1997) are exempt from
regulations of this section but shall comply with the previous
Ordinance requirements for glare as follows:
a) Any lighting used to illuminate an off - street parking area, sign or
other structure, shall be arranged as to deflect light away from
any adjoining residential zone or from the public streets. Direct
or sky - reflected glare, where from flood lights or from high
temperature processes such as combustion or welding shall not
be directed into any adjoining property. The source of lights
shall be hooded or controlled in some manner so as not to light
adjacent property. Bare incandescent light bulbs shall not be
permitted in view of adjacent property or public right -of -way.
Any light or combination of lights which cast light on a public
street shall not exceed one (1) foot candle (meter reading) as
measured from the center line of said street. Any light or
combination of lights which cast light on residential property
shall not exceed four - tenths (.4) foot candles (meter reading) as
measured from said property.
2) New Fixtures. Whenever a Tight fixture that was existing on the
effective date of this Ordinance (15 October 1997) is replaced by a
new outdoor light fixture, the provisions of this section shall be
complied with.
d. Intensity. No light source or combination thereof which cast light on a
public street shall exceed one (1) foot candle meter reading as measured
from the centerline of said street nor shall any light source or combination
thereof which cast light on adjacent property exceed four- tenths (0.4) foot
candles as measured at the property line, per the method outlined in
Section 401.15.B.7.e.
e. Method of Measuring Light Intensity. The foot candle level of a Tight
source shall be taken after dark with the light meter held six (6) inches
above the ground with the meter facing the Tight source. A reading shall
be taken with the light source on, then with the light source off. The
difference between the two readings will be identified as the light intensity.
f. Performance Standards.
1) Residential /Open Space District Standards. In all residential /open
space districts, any lighting used to illuminate an off - street parking
area, structure, or area shall be arranged as to deflect light away
from any adjoining residential property or from any public right -of-
way in accordance with the following provisions:
a) The light source shall be hooded or controlled so as not to
light adjacent property in excess of the maximum intensity
defined in Section 401.15.B.7.d.
b) Bare light bulbs shall not be permitted in view of adjacent
property or public right -of -way, unless part of a permanent
fixture.
11 2) Public /Institutional, Commercial and Industrial Districts. Any
lighting used to illuminate an off- street parking area, structure, or
area shall be arranged so as to deflect light away from any
adjoining property or from any public right -of -way in accordance
with the following provisions:
a) Shielding. The luminaire shall contain a cutoff which directs
and cuts off the light at an angle of ninety (90) degrees or
less.
b) Intensity. Light sources shall not be permitted so as to light
adjacent property in excess of the maximum intensity defined in
Section 401.15.B.7.d.
c) Exceptions. Architectural /historical light fixtures that feature
globes that are not shielded, or lighting of entire facades or
architectural features of a building shall be approved by the
City Council. In no case shall the light affect adjacent
property in excess of the maximum intensity defined in
Section 401.15.B.7.d.
d) Height. The maximum height above the ground grade
permitted for light sources mounted on a pole is twenty -five
(25) feet. A light source mounted on a building shall not
exceed the height of the building. In no case shall the height
of a light source mounted on a pole or on a building exceed
the height limits of the zoning district in which the use is
located unless allowed by conditional use permit.
e) Location.
(1) The light source of an outdoor light fixture shall be
setback a minimum of ten (10) feet from a street right-
of -way and five (5) feet from an interior side or rear lot
line.
(2) No light sources shall be located on the roof unless
said light enhances the architectural features of the
building and is approved by the Zoning Administrator.
f) Hours.
(1) The use of outdoor lighting for parking lots serving
commercial and industrial businesses shall be turned
off one (1) hour after closing, except for approved
security lighting.
(2) All illuminated on- premise and off - premise signs for
advertising purposes shall be turned off between
11:00 PM and sunrise except that said signs may be
illuminated while the business facility on the premise
is open for service.
g) Glare. Direct or reflected glare from high temperature
processes such as combustion or welding shall not be visible
from any adjoining property.
3) Outdoor Recreation. Outdoor recreational uses such as, but not
limited to, baseball fields, football fields, tennis courts and snow
skiing areas have special requirements for night time lighting. Due
to these unique circumstances, a conditional use permit shall be
required for outdoor lighting systems which do not comply
regulations of this section.
i
a) No outdoor recreation facility whether public or private shall
be illuminated after 11:00 PM.
b) Off - street parking areas for outdoor recreation uses which
are illuminated shall meet the requirements stated for
commercial and industrial applications as found in Section
401.15.B.7.f.2).a., b., c., e., and g.
c) The provisions for a conditional use permit, Section
401.03.A.8 of this Ordinance, are considered and
satisfactorily met.
12 4) Outdoor Signs. All lighting of signing and informational or
visual communication devices shall be in compliance with Section
401.15.G of this Ordinance.
g. Prohibitions. The following outdoor lights are prohibited within the City of
Oak Park Heights:
1) The use of search lights for any business shall be limited to not
more than four (4) events per calendar year. During any one event,
the use of search lights shall be limited to five (5) days
consecutively and shall not be used between the hours of 10:30 PM
and sunrise.
2) Flashing lights.
h. Submission of Plans. All applications, except single family residential, that
include outdoor lighting must include evidence the proposed outdoor
lighting will comply with this section. The application shall contain the
following information, in addition to other required information:
1) Site plans indicating the location on the premises of all illuminating
devices, fixtures, lamps, supports, reflectors and other lighting
devices.
2) Description of the type of illuminating devices, fixtures, lamps,
supports, reflectors and other lighting devices. The description may
include, but is not limited to, catalog cuts by manufacturers and
drawings (including sections where required).
3) Photometric plans illustrating the angle of the cutoff or light
emissions, and illumination field of the proposed site lighting.
Interim Use: A temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer allow it.
Junk Yard: An open area where waste, used, or second hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled; including
but not limited to, scrap iron and other materials, paper rags, rubber, tires, lumber,
and bottles. A junk yard includes an auto wrecking yard, but does not include uses
established entirely within closed buildings nor sanitary land fills.
Kennel: Any lot, premises, dwelling or dwelling unit in which three (3) or more dogs
over the age of six months are kept, harbored, owned or otherwise possessed,
either on a commercial basis or scale for boarding or breeding, or on a private basis
for personal use, enjoyment or profit.
Landscaping: Plantings such as trees, flowers, grass and shrubs and
improvements directly related thereto.
Land Reclamation: The process of the re- establishment of acceptable topography
(i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions
b appropriate to the subsequent use of the land.
4 01, 0
Lighting Related: Figure 1. Cut Off Angle
1. Cutoff: The point at which all light rays Total Cutoff
emitted by a lamp, light source or
luminaire are completely eliminated at a � � A ��`"� -..,�
specific angle above the ground. 0 "`�..
2. Cutoff Angle: The angle formed by a line = 90 d 'a / ea t s=
drawn from the direction of Tight rays at ; � e^
the light source and a line perpendicular
to the ground from the Tight source above
which no light is emitted (see Figure 1).
3. Cutoff Type Luminaire: A luminaire with
elements such as shields, reflectors, or refractor panels which direct and cut
off the Tight at a cutoff angle that is less than ninety (90) degrees.
4. Flashing Light: A light source which is not constant in intensity or color at all
times while in use.
5. Foot candle: A unit of illumination produced on a surface, all points of which
are one (1) foot from a uniform point source of one (.1) candle.
6. Light Source: A single artificial point source of luminescence that emits
measurable radiant energy in or near the visible spectrum.
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•
7. Luminaire: A complete lighting unit consisting of a light source and all
necessary mechanical, electrical and decorative parts.
8. Outdoor Lighting: Any light source or collection of light sources, located
outside a building, including but not limited to, light sources attached to any
part of a structure, located on the surface of the ground or located on
freestanding poles.
9. Outdoor Light Fixture: Outdoor electrically powered illuminating devices,
outdoor lighting or reflective surfaces, lamps and similar devices,
permanently installed or portable, used for illumination or advertisement.
The fixture includes the hardware that houses the illumination source and to
which the illumination source is attached including, but not limited to, the
hardware casing. Such devices shall include, but are not limited to, search,
spot, and flood lights for:
a. Buildings and structures.
b. Recreational areas.
c. Parking lot lighting.
d. Landscaping lighting.
e. Signs.
f. Street lighting.
g. Product display area lighting.
h. Building overhangs and open canopies.
10. Security Lighting: Outdoor lighting fixtures installed exclusively as a measure
to reduce the possible occurrence of a crime on the property.
Figure 2 - Shielding
11. Shielding: A technique or method of
construction permanently covering ; ; ; Shield
the top and sides of a light source
by a material which restricts the Tight
emitted to be projected below an
imaginary horizontal plane passing
through the light fixture (see Figure 2). ti
12. Spillage: Any reflection, glare or s�-
other artificial light that emits onto
---------- - - - - -- ---------------------- - - - - --
any adjoining property or right -of -way
and is above a defined maximum illumination.
Loading Space: A space or berth on the same lot with a building, or contiguous
to a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials and which abuts upon a street, alley
or other appropriate means of access.
02 -17