The general purpose of an outdoor lighting ordinance is to protect and promote the public health, safety and welfare, while preserving and protecting the scenic and aesthetic values and natural resources of Blaine County by establishing regulations and a process for review of outdoor lighting. This chapter establishes minimum standards for regulating outdoor lighting in order to eliminate or reduce the nuisance and hazards of light pollution, including, but not limited to: glare, light trespass, sky glow, energy waste, and negative impacts on the nocturnal environment. (Ord. 2021-17, 10-19-2021; Ord. 2010-06, 5-25-2010)

All outdoor lighting shall conform to the standards established by this chapter. (Ord. 2021-17, 10-19-2021; Ord. 2010-06, 5-25-2010)

 

Unless exempted in 9-29A-7, shall comply with the regulations set forth in this section:

   A.   Light Fixtures:

      1.   Fixtures shall be mounted such that no light is emitted above the horizontal plane of the fixture.

      2.   Any light source shall be downcast and fully shielded. Examples of Unshielded (Prohibited) and Fully Shielded (Allowed) lights and luminaires limiting light to the horizontal plane are shown below.

   B.   Light Color: Correlated color temperature of any exterior light source shall not exceed three thousand (3,000) Kelvin.

   C.   Light Trespass: All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source. Refer to the diagram below. Particular care is to be taken to assure that the direct illumination does not fall onto or across any public or private street or road. Motion sensing light fixtures shall be fully shielded or properly adjusted, according to the manufacturer's instructions, to turn off when detected motion ceases.

   D.   Placement and Height Of Luminaires:

      1.   Parking area luminaires shall be no higher than seventeen feet (17') in height as measured from the ground to the top of the highest light source.

      2.   All freestanding area lights within a residential zone, except streetlights, shall be mounted at a height equal to or less than the sum of H = 3 + (D/3), where D is the distance in feet to the nearest property boundary, but shall not exceed twelve feet (12') from ground level to the top of the luminaire, whichever is less.

      3.   Streetlights used on arterial roadways shall be no higher than twenty feet (20') in height.

      4.   The height of any light fixture or luminaire shall be no higher than thirty feet (30') in height.

   E.   Controls. All nonresidential lighting fixtures shall employ automatic lighting controls that extinguish exterior lighting when sufficient daylight is available. Such controls include, but are not limited to: timers, wireless remote monitoring with turn on/off capabilities, photo sensitive light controls, photoelectric switches, occupancy sensors, astronomic time switches or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system, all with battery or similar backup power or device.

      1.   Exceptions:

         a.   Lighting required by Building Code;

         b.   Lighting necessary for public safety.

   F.   Lighting reduction: All nonessential outdoor commercial, recreational, and residential lighting shall be turned off after business hours and/or when not in use. Lights on a timer shall be used. Sensor activated lights shall be used to replace existing lighting that is desired for security purposes.

   G.   No lighting shall be installed within the public right of way without first receiving approval for any such application by the Land Use and Building Services Department Director. (Ord. 2010-06, 5-25-2010)

   A.   Uses in complexes such as stadiums, ball diamonds, playing fields, outdoor rinks, ski areas, special events, tennis courts, construction sites, parking structures, urban parks, ornamental and architectural lighting of bridges, public monuments, statuary and public buildings, correctional facilities, and industrial sites all have unique requirements for nighttime visibility and often have limited hours of operation. They shall be exempted from the standards in 9-29A-4, if the below standards are met and if their lighting has been approved via issuance of a Conditional Use Permit, Building Permit or other Zoning Permit.

      1.   The applicant shall demonstrate that every reasonable effort to mitigate the effects of light on the environment and surrounding properties has been taken, supported by a signed statement describing the mitigation measures.

      2.   Maximum height. Exterior luminaires shall not exceed a maximum post height of sixty feet (60').

      3.   Fully Shielded. Each luminaire shall be fully shielded in either its orientation or by landscaping to prohibit glare and light trespass to adjacent residential property and must be installed and maintained with minimum aiming angles of twenty-five (25) degrees downward from the horizontal.

      4.   Lights Extinguished. Lights shall be extinguished by ten o’clock (10:00) p.m. or at the conclusion of the event, whichever is later. Lighting is not allowed to remain on overnight. (Ord. 2021-17, 10-19-2021)

The following forms of outdoor lighting are prohibited from being installed or used.

   A.   Except as otherwise allowed by this title, any lighting that is flashing, blinking, rotating, chasing, or rapidly changing in color or intensity is prohibited.

   B.   Searchlights, beacons, laser source, neon lighting, and other high-intensity light fixtures.

   C.   Strings or strands of lights.

   D.   Lighting in which any single luminaire exceeds twenty thousand (20,000) initial lumens.

   E.   Uplighting is prohibited in all zoning districts. (Ord. 2021-17, 10-19-2021)

The following forms of outdoor lighting are exempt from the provisions of this chapter and are not required to comply with its terms:

   A.   Lighting used primarily for agricultural activities including the farming or ranching of land limited to:

      1.   Cultivation of the soil;

      2.   Production of forage, crops, or timber;

      3.   Growing of ornamental or landscaping plants;

      4.   Greenhouses; and

      5.   Rearing, feeding, and management of livestock. Security lighting needs to comply.

   B.   Traffic control, roadway, vehicular lights and all temporary emergency lighting.

   C.   Open flame gas lamps.

   D.   Flagpole lighting that is shielded and directed downward from the top of the flagpole, provided the flag is of a government. Flags are encouraged to be taken down at sunset to avoid the need for lighting.

   E.   Underwater lighting in swimming pools and other water features.

   F.   Lighting that is required to meet the federal aviation authority's compliance standards.

   G.   Holiday Lighting displayed between November 15 and February 1, provided the requirements in subsections 9-29A-4 B., 9-29A-6 A. and 9-29A-6 B. are met. All holiday lighting shall be turned off by eleven o’clock (11:00) P.M. in all zoning districts. (Ord. 2023-09, 10-3-2023; Ord. 2021-17, 10-19-2021; Ord. 2010-06, 5-25-2010)

   A.   Applications; Lighting Plan Required: All applications for conditional use permits, planned unit developments, subdivision, recreation development plans, applicable sign permits, or building permits shall include lighting plans showing location, type, height, color temperature, amount of all proposed and existing fixtures and boundary of lights.

   B.   The administrator shall review any new or existing outdoor lighting on the subject property that is part of an application to determine whether the lighting complies with the standards of this chapter. The administrator shall convey in writing a recommendation whether the lighting complies with the standards of this chapter to the building official, the board of county commissioners, planning and zoning commission or hearing examiner before issuing approval of any zoning permit, subdivision application, or certificate of occupancy. The administrator, prior to issuance of its decision, may request additional, relevant information from the applicant. (Ord. 2021-17, 10-19-2021; Ord. 2010-06, 5-25-2010)

A violation of this chapter shall be a misdemeanor, and subject to penalty as provided in section 1-4-1 of this code. Each day that such a violation continues shall constitute a separate criminal offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of such a violation. (Ord. 2021-17, 10-19-2021; Ord. 2010-06, 5-25-2010)