It is the intent of this Article to establish rules, regulations and penalties for the violation of such rules and regulations, for the reduction and restriction of unnecessary and excessive stray light as given off by exterior lighting sources on commercial and residential buildings during the night time hours. The excessive stray light emitted from exterior lighting sources within the Town constitutes a form of visual pollution that interferes with the enjoyment of the nighttime visual environment for persons in and out of the boundaries of the Town.

(Prior code 15-7-2; Ord. 7 §1, 2005)

For the purpose of this Article, the use of a plural form shall not necessarily imply that more than the singular is suggested, condoned or allowed, and certain words and phrases shall be defined as follows:

Architectural element lighting means exterior lighting that accents certain horizontal features of a building or other structure, such as parapets, belly bands or eaves.

Color Rendering Index (CRI) means a method for describing the effect of a light source on the color appearance of objects being illuminated, with one hundred (100) representing the reference condition and is the CRI of natural outdoor light or a one-hundred-watt incandescent bulb. In general, a lower CRI indicates that some colors may appear unnatural when illuminated by a lamp.

Correlated Color Temperature (CCT) means a description of the color appearance of a light source in terms of warmth or coolness, as measured on the Kelvin scale (K). As the temperature rises, the color appearance shifts from yellow to blue. Lamps with a low CCT (three thousand [3,000] K or less) have a yellow-white color appearance and are generally described as "warm." Lamps with a high CCT (four thousand [4,000] K and higher) have a blue-white color appearance and are described as "cool."

Exterior dining lighting means lighting that illuminates bistro or outside seating areas and access to such.

Full cut-off light fixture means a light fixture so designed that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. As a practical matter, the light source cannot be seen when viewed on a plane horizontal with the bottom of the shade or shield.

High Intensity Discharge (HID) lamp means a lamp or light source characterized by an arc tube which encloses various gases and metal salts operating at relatively high pressures and temperatures. Common HID lamps are mercury vapor, metal halide and high-pressure sodium.

Light Emitting Diode (L.E.D.) means a light source where light is produced by passing an electric current through a semi-conductor diode. Intensity and color may change as a function of the energy level and type of semi-conductor material used.

Lumens means a measurement of the total amount of visible light emitted by a source.

Temporary ornamental lighting means exterior holiday-type lighting. Such lighting shall be deemed temporary in nature only if it does not contain permanent electrical wiring as would be deemed permanent under any applicable electrical code enforceable within the Town.

(Prior code 15-7-3; Ord. 7 §1, 2005; Ord. 17 §1, 2012)

(a)

The following regulations shall apply to all lighting within the Town, unless otherwise indicated:

(1)

No building, structure or vegetation within the Town shall be lighted or illuminated in any fashion without the prior approval, on record, of the Board.

(2)

No high intensity discharge lights may be utilized in any exterior application within the Town.

(3)

No lights or lamps with a correlated color temperature of higher than three thousand four hundred (3,400) K or a Color Rendering Index of lower than seventy (70) may be utilized on any exterior within the Town.

(b)

Street lighting shall be provided only in locations as required by the Town for safety purposes, and poles and fixtures shall be compatible with those used in the Town as determined by the Town.

(Prior code 15-3-7, 15-7-4; Ord. 7 §1, 2005; Ord. 4 §1, 2009)

The following residential lighting regulations apply to all residential property owned or rented, single-family or multi-family, within the Town, regardless of zone district:

(1)

All exterior lighting, including motion-sensitive lighting, will be provided by full cut-off fixtures that by design have a cut-off angle of not more than ninety (90) degrees, properly installed so as to maintain the full cut-off angle of ninety (90) degrees. Fixtures which are shielded by a structural element so as to meet the intent of a full cut-off fixture shall be considered to be in compliance.

(2)

Lights that blink, flash, rotate, move or change in intensity or color and "wall washer" lights are prohibited with or without cut-off design.

(3)

Exterior lighting fixtures will be mounted no higher than ten (10) feet above the flooring, deck, walkway, driveway or other occupied area, or highest grade point of the ground surface immediately adjacent to the lighting fixture. The height of the fixture shall be the vertical distance from the surface directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.

(4)

Temporary, ornamental lighting shall be allowed from November 15 to January 15, and in all other times for periods not to exceed seventy-two (72) hours. Such lighting shall be deemed temporary if it is not of such permanent electrical wiring as would be deemed permanent under any applicable electrical code enforceable within the Town.

(Prior code 15-7-5; Ord. 7 §1, 2005)

The following commercial lighting regulations apply to all property located within the "C" Commercial District, the "B1" Business District, the "B2" Business District, the "B3" Business District, the "B4" Business District, the "T" Tourist District and the "P" Public District. All such lighting shall be approved by the Board with the exception of temporary ornamental lighting.

(1)

All exterior lighting shall be provided by full cut-off fixtures that by design have a cut-off angle of not more than ninety (90) degrees properly installed so as to maintain the full cut-off angle of ninety (90) degrees. Fixtures which are shielded by a structural element so as to meet the intent of a full cut-off fixture shall be considered to be in compliance.

(2)

Lights which blink, flash, rotate, move or change in color or intensity are prohibited.

(3)

Exterior lighting fixtures will be mounted no higher than twelve (12) feet above the flooring, deck, walkway, driveway, parking area or other occupied area, or the highest grade point of the ground surface immediately adjacent to the light fixture. The height of the fixture shall be the vertical distance from the surface directly below the centerline of the fixture to the lowest direct light-emitting part of the fixture.

(4)

Temporary ornamental lighting shall be permitted from November 15 to April 15 only. The installation of temporary ornamental lighting shall not require prior approval of the Board. The owner of the property affected by any such temporary ornamental lighting shall cause such lighting to be reasonably maintained such that such lighting is safe and tasteful, with any burned out bulbs being replaced reasonably promptly. Temporary ornamental lighting may not be located on public property. Temporary ornamental lighting shall not be utilized within five (5) feet of the interior of transparent windows and doors outside of the permitted dates.

(5)

Rope lights or L.E.D. lights that do not conform to Paragraph 16-17-40(1) above are prohibited, unless they are temporary ornamental lighting otherwise permitted hereunder.

(6)

The illumination of signs shall comply with Article 18 of this Chapter.

(7)

Architectural element lighting shall be clear or white in nature and shall not flash or strobe. Such lighting shall be uniform in spacing with lights no less than twelve (12) inches apart. Architectural element lighting may only be placed horizontally on one (1) horizontal street-side architectural element of a building or structure, must consist of only one (1) strand of lights and may not be placed vertically on corners or on windows or doors. Buildings that are located at the intersection of two (2) streets or a street and an alley may have a string of lights on each street frontage. Each light source or lamp may not exceed three hundred (300) lumens. All subject to the foregoing, all architectural element lighting in place as of December 17, 2012 need not obtain the approval of the Board. The owner of the property affected by any such architectural element lighting shall cause any such lighting to be reasonably maintained such that such lighting is safe and tasteful, with any burned-out bulbs being replaced in a timely fashion.

(8)

Exterior dining lighting shall be installed in compliance with this Code, including, without limitation, the National Electric Code (NEC) as adopted by the Town. All such lighting shall be operated only during business hours and those days when exterior dining is being utilized. Solar and battery powered exterior dining table light fixtures shall not be subject to the NEC. Exterior dining lighting may not be located on public property and may only illuminate dining areas and access to the same. Such lighting must comply with Paragraphs (1)—(3) above. Each light source may not exceed one thousand six hundred (1600) lumens.

(Ord. 17 §2, 2012)

The requirements for street, parking and security lighting set forth in this Section, except where specifically exempted, apply to all zoning districts within the Town.

(1)

All street, parking and security lights will utilize full cut-off fixtures that by design have a cut-off angle of not more than ninety (90) degrees, properly installed so as to maintain the full cut-off angle of ninety (90) degrees. Fixtures which are shielded by a structural element so as to meet the intent of a full cut-off fixture shall be considered to be in compliance.

(2)

Lighting fixtures shall be mounted no higher than twenty-five (25) feet above a parking or street surface.

(Prior code 15-7-7; Ord. 7 §1, 2005)

All exterior lighting or illumination shall be designed, located, placed and shielded to be architecturally and aesthetically in keeping with the buildings and surroundings, should create minimum visual pollution or impact on any other lot, tract or parcel in the Town, shall not directly illuminate adjoining lots, tracts, parcels or rights-of-way, including alleys, and shall comply with this Article.

(Ord. 16 §10, 2006)

The following exterior light fixtures shall be exempt from the regulations contained in this Article:

(1)

Publicly provided street lighting installed or planned by the Town or previously approved lighting that has been approved for parking lot lighting of a type specifically designed to comport with the historic character of the street or area.

(2)

Illumination of the United States flag, provided that such lighting does not interfere with the vision of drivers or pedestrians, or otherwise create an unsafe condition for the public. No more than two (2) lights per pole are allowed.

(3)

Fixtures which are a part of an official traffic control device.

(4)

Lights and lighting devices which are a part of a Town event or public gathering, so long as the event or gathering is of a temporary nature and licensed or permitted under other provisions of this Code.

(5)

Lights which highlight theatre marquees, if approved for appropriateness by the Board.

(6)

Historic light fixtures which are part of a historic property and add to the historic character of the property. Such determination shall be made by the Building Official.

(7)

Lights which illuminate public outdoor recreation facilities. Such lighting shall be designed to minimize light pollution.

(8)

Other fixtures which, by their nature, use and design, present a compelling argument for the promotion of public health, safety and welfare as determined by the Building Official and the Town Marshal.

(Prior code 15-7-8; Ord. 7 §1, 2005; Ord. 4 §1, 2009)

Exterior light fixtures not otherwise exempted which do not comply with the regulations set forth in this Article shall be replaced or otherwise brought into compliance as follows:

(1)

All new construction shall be designed and constructed with full cut-off fixtures which shall be reflected in the designs presented to the Board, and subject to the provisions of the Town's building permitting and inspection process. The Board may request such cut sheets and specifications as are necessary to determine compliance. Approval of plans does not constitute approval of nonconforming fixtures.

(2)

Construction on existing structures, both commercial and residential, in the form of remodel, rehabilitation and restoration, such that a building permit is required, shall replace or install full cut-off exterior lighting fixtures so as to comply with the regulations herein.

(3)

Existing commercial buildings not undergoing a permitted construction project that fully addresses exterior lighting standards and compliance shall replace noncompliant exterior fixtures with full cut-off fixtures and otherwise comply with the regulations herein by July 31, 2010. The burden of replacement and compliance shall fall to the building owner.

(4)

Existing residential buildings and associated units within buildings, not undergoing a permitted construction project that fully addresses exterior lighting standards and compliance, shall replace noncompliant exterior lighting fixtures with full cut-off fixtures and otherwise comply with the outdoor lighting regulations herein by July 31, 2010. The burden of replacement and compliance shall fall to the property owner.

(5)

Any other structure bearing noncompliant exterior lighting fixtures shall either be brought into compliance by the replacement of noncompliant fixtures with full cut-off fixtures, or brought into compliance through the removal or deactivation of noncompliant fixtures by July 31, 2010. The burden of replacement, removal or deactivation shall fall to the owner of the structure in question.

(6)

The regulations set forth above regarding restrictions on the use of temporary, ornamental lighting shall be effective as of the effective date of the ordinance codified herein.

(Prior code 15-7-1; Ord. 7 §1, 2005; Ord. 4 §1, 2009)

The violation of any of the regulations contained herein shall be deemed by the Town as a public nuisance under Chapter 7 of this Code, and such nuisances may be abated or prosecuted in accordance with the procedures established therein.

(Prior code 15-7-1; Ord. 7 §1, 2005)