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Bella Vista City Zoning Code

ARTICLE X

- OUTDOOR LIGHTING

Sec. 109-289.- Purpose.

The purpose of this article is to promote the well-being of the community by establishing standards that ensure the provision of outdoor lights while also safeguarding the rights of the people in the community to a safe, healthful, and attractive environment. This article provides standards for outdoor lights to safeguard life, health, property, safety, and public welfare, while encouraging creativity, variety, and compatibility and enhancing the city's image. Within this overall framework, it is the intent of these regulations to:

(1)

Protect the privacy of residents by minimizing light pollution and limiting the potential for glare and light trespass from outdoor lighting fixtures located on adjacent properties;

(2)

Protect drivers, pedestrians, senior citizens, and the visually impaired from the glare of non-vehicular light sources that can impair safe travel;

(3)

Promote efficient and cost effective lighting;

(4)

Allow for flexibility in the style of light fixtures; and

(5)

Reduce atmospheric light pollution.

(Ord. No. 2024-09, § 1, 3-25-2024)

Sec. 109-290. - Applicability.

The requirements of this article shall apply to:

(1)

New development. All new development unless specifically exempt in section 109-291;

(2)

Additions. Additions over ten percent of the gross floor area of the building or more than 2,500 square feet, whichever is more.

(3)

New fixtures. All outdoor lighting fixtures installed on private and public property after the effective date of the ordinance from which this article is derived unless specifically exempt in section 109-291; and

(4)

Replacements. All outdoor lighting fixture replacements.

(Ord. No. 2024-09, § 1, 3-25-2024)

Sec. 109-291. - Exemptions.

The following are exempt from this article:

(1)

Residential. Single-family residential and duplex residential are exempt from these regulations;

(2)

Emergency. Temporary emergency lighting, used by police, firefighting, or medical personnel during times of emergency;

(3)

Signs. Outdoor lighting regulated under article IX, or other sign ordinances.

(4)

Maintenance. Routine maintenance, including changing the lamp ballasts, starter, photo control, fixture housing, lens, and other required components.

(Ord. No. 2024-09, § 1, 3-25-2024)

Sec. 109-292. - Submittals.

(a)

Applications for building permits or applications for review by the planning commission which include installation of outdoor lighting fixtures, shall submit an outdoor lighting plan with the building application and or large-scale development application. The submittal shall contain the following information and shall be submitted as part of the site plan to the planning and development department.

(1)

Plans indicating the location, type, and height of the luminary including both building and ground mounted fixtures;

(2)

A description of the luminary, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer;

(3)

Photometric data, such as that furnished by the manufacturer; and

(4)

Any additional information that may be required by the planning and development department.

(Ord. No. 2024-09, § 1, 3-25-2024; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

Sec. 109-293. - General standards.

The following standards shall apply to all outdoor lighting installed after the effective date of the ordinance from which this article is derived, unless otherwise exempted by [section] 109-291.

(1)

All outdoor lighting shall be hooded, shielded, and aimed downward. Examples of acceptable and unacceptable light pollution control shielding and hooding can be seen within this provision herein. Awnings, canopies, roof structures and other opaque surfaces that are designed to shield the direct horizontal surface of the light source and direct light downward toward the building or other opaque surface may also be considered for compliance with this requirement.

(2)

Existing fixtures may be modified to comply with this article by adding a properly designed hood or shield or by pointing any upward-mounted, shielded fixtured downward onto the ground surface. Examples of acceptable modification for existing fixtures can be seen within the provision herein.

(3)

The hood or shield shall mask the direct horizontal surface of the light source. The light shall be aimed to ensure that the illumination is pointed downward onto the ground surface only.

(4)

All outdoor lighting fixtures shall be designed, installed, located and maintained such that all direct illumination is kept within the boundaries of the fixture owner's property and aimed as to minimize light trespass on adjacent residential properties to a maximum of .1 lumens.

(5)

All outdoor lighting fixtures with an initial output greater than 2,000 lumens shall be cut off or full cutoff, as defined by IESNA.

(Ord. No. 2024-09, § 1, 3-25-2024)

Sec. 109-294. - Supplemental use standards.

(a)

Commercial recreation. Outdoor commercial recreational lighting shall be designed in accordance with IESNA standards located in IESNA RP 6-01 "Sports and Recreational Area Lighting." All activity and lights shall be turned off one hour after the end of the last event.

(b)

Canopy structures. Canopy lights, such as service station lighting, shall be fully recessed or fully shielded so as to ensure that no light source is visible or causes glare on public rights-of-way or adjacent properties.

(Ord. No. 2024-09, § 1, 3-25-2024)

Sec. 109-295. - Prohibited outdoor lighting.

(a)

Illumination of attraction such as devices that flash, blink, fluctuate, or that are animated shall be prohibited.

(b)

The operation of searchlights for advertising purposes shall be prohibited.

(Ord. No. 2024-09, § 1, 3-25-2024)

Sec. 109-296. - Enforcement.

(a)

Certificates of occupancy. The planning and development director or his or her designee has the authority to enforce the requirements of this chapter. Certificates of occupancy and/or final plats will be held for those who fail to complete outdoor lighting requirements.

(Ord. No. 2024-09, § 1, 3-25-2024; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)