(A)   Incorporation by reference. A.R.S. Title 49, Chapter 7, Light Pollution, §§ 49-1101 et seq., is hereby incorporated by reference.

   (B)   Mission statement. To afford every citizen of the town the flexibility to engage in the pursuit of safe, effective lighting practices for the purpose of commerce and private use without being impeded upon or impeding upon other citizens desiring a more pristine nighttime environment free from light pollution, waste, trespass or clutter while providing nighttime safety, security and productivity.

   (C)   Purpose and intent.

      (1)   The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns.

         (a)   Principal among these concerns are:

            1.   The degradation of the nighttime visual environment by production of unsightly and dangerous glare;

            2.   Unnecessary waste of energy and resources in the production of too much light or wasted light;

            3.   Interference in the use or enjoyment of property which is not intended to be illuminated at night;

            4.   The loss of the often-neglected scenic view of the heavens due to increased urban skyglow; and

            5.   Lighting practices that interfere with the health and safety of the town citizens and visitors.

         (b)   It is hereby recognized that these different interests of safety, utility and those of aesthetic appearance need not compete. Good modern lighting practices can provide adequate light for safety and utility without excessive glare or light pollution. Careful attention to questions of when and where and how much nighttime lighting is needed will lead to better lighting practice from all viewpoints.

      (2)   It is also recognized that the topography and atmospheric conditions in northern Arizona are uniquely suited for government, military, commercial, and private astronomical observation and that unnecessary or excessive uses of outdoor nighttime lighting have an adverse impact on astronomical research and observation, even at relatively distant observatories.

      (3)   Accordingly, it is the intent of this subchapter of the Planning and Zoning Ordinance to encourage lighting practices and systems which will minimize light pollution, glare, light trespass, and conserve energy while maintaining nighttime safety, utility, security and productivity.

   (D)   Conflicting regulations. In the event of conflict between the regulations set forth in this section of this chapter and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern.

(Ord. § 603(A), passed 9-4-2008)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CLASS 1 LIGHTING. All outdoor lighting used for but not limited to outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important to preserve the effectiveness of the activity.

   CLASS 2 LIGHTING. All outdoor lighting used for but not limited to illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination of the grounds is the primary concern.

   CLASS 3 LIGHTING. Any outdoor lighting used for decorative effects, including but not limited to architectural illumination, flag monument lighting, and illumination of trees, bushes and the like.

   DEVELOPMENT PROJECT. Any residential, commercial, industrial or mixed use subdivision plan or individual building development or remodeling plan, which is submitted to the town for approval.

   DIRECT ILLUMINATION. Illumination resulting from light emitted directly from a lamp, luminaire or reflector, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.

   FOOT-CANDLE (FC). A unit of measure used to specify illuminate; how much light is falling per square foot onto a surface. One FOOT-CANDLE of illumination arises when one lumen is spread onto one square foot of surface. It is the luminous flux per unit area in the Imperial system. One FOOT-CANDLE equals approximately ten lux.

   FULLY SHIELDED FIXTURE. Fixtures are shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below the horizontal from the lowest point of the bulb within the fixture.

      (1)   A practical working way to determine if a fixture or tube is fully shielded: if the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.

      (2)   Examples of fixtures that are fully shielded (to be fully shielded these fixtures must be closed on top and mounted such that the bottom opening is horizontal):

      (3)   Examples of fixtures that are not fully shielded:

         (a)   *Note: even though the lamp in these fixtures is shielded from direct view when viewed from the side or above, reflective surfaces within the fixture and or lens covers are directly visible from the side.

         (b)   Note for luminous (neon) tubes: when such lighting is installed under or behind a roof overhang, if the roof line or eave is not horizontal, the tubing may be visible from above when viewed from the side and therefore be unshielded.

   GLARE. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort or loss of visual performance and visibility; blinding light; GLARE and blinding light may be dangerous to the public health and safety, as they may contribute to vehicular or other accidents. The magnitude of GLARE depends on such factors as the size, position, brightness of the source, and the brightness level to which the eye is adapted.

   INSTALLED. Attached, or fixed in place, whether or not connected to a power source.

   LIGHT POLLUTION. Any adverse effect of man-made light.

   LIGHT TRESPASS. Spill light falling over property lines that illuminates adjacent grounds or buildings. Direct illumination shall be confined to the property boundaries of the source.

   LUMEN. The unit used to measure the actual amount of visible light, which is produced by a lamp as defined by the manufacturer. For purposes of determining compliance with this subchapter, initial (not "maintained" or "mean") LUMEN outputs of lamps (not fixtures) are the values to be considered. Examples of LUMEN output of typical generic incandescent bulbs (W= Watt and L= Lumen): 60 W = 840 L, 75 W = 1,125 L, 100 W = 1,600 L, 150 W = 2,780 L, 300 W = 4,620 L.

   LUMINAIRE. The complete lighting assembly, less the support assembly; a light fixture.

   MULTI-CLASS LIGHTING. Any outdoor lighting used for more than one purpose, such as security and decoration, when those purposes fall under the definitions for two or more lighting classes as defined for Class 1, 2 and 3 Lighting above.

   MOTION SENSING SECURITY LIGHTING. A fixture designed, and properly adjusted, to illuminate an area around a residence or other building by means of the automatic switching on a lamp when motion is detected inside the area or perimeter, and automatic switching of the lamp off when the detected motion ceases.

   NEON LIGHTING. Lighting using luminous gas-filled tubes often formed into text, symbols or decorative elements. NEON LIGHTING includes tubes with typical diameters of 10 to 20 millimeters filled with neon, argon, xenon or other gasses and producing various colors of light. Not included are replaceable fluorescent tubes.

   NET ACREAGE. The remaining ground area of a parcel after deleting all portions for proposed and existing public rights-of-way and undeveloped area.

   OUTDOOR LIGHT FIXTURES. All outdoor illuminating devices, reflective surfaces, lamps and other devices, either permanently installed or portable, which are used for illumination or advertisement. Such devices shall include but are not limited to search, spot and floodlights for:

      (1)   Buildings and structures;

      (2)   Recreational areas;

      (3)   Parking lot lighting;

      (4)   Landscape and architectural lighting;

      (5)   Billboards and other signs (advertising or other);

      (6)   Street lighting;

      (7)   Product display area lighting;

      (8)   Building overhangs and open canopies;

      (9)   Security lighting; and

      (10)   Pedestrian areas or walkways.

   OUTDOOR RECREATION FACILITY. An area designed for active recreation, whether publicly or privately owned, including but not limited to parks, baseball and softball diamonds, soccer and football fields, golf courses, tennis courts, roping/equestrian activities and swimming pools.

   PERSON. Includes a corporation, company, partnership, firm, association or society, as well as a natural person.

   SECURITY LIGHTING. Lighting designed to illuminate a property or grounds for the purpose of visual security. This includes fully shielded lighting designed to remain on during nighttime hours in the absence of business activity as well as motion sensing lighting fixtures.

   STREET LIGHTING. Lighting installed by or at the direction of the town or other governmental agency to illuminate public roadways.

   TEMPORARY LIGHTING. Lighting which does not conform to the provisions of this chapter and which will not be used for more than one 30-day period within a calendar year. TEMPORARY LIGHTING is intended for uses which by their nature are of limited duration, e.g., business grand openings or special civic event. Road and construction projects are excluded.

   TOTAL OUTDOOR LIGHT OUTPUT. The maximum total amount of light, measured in lumens, from all lamps used in outdoor light fixtures on a property. For lamp types that vary in their output as they age (such as high pressure sodium and metal halide), the initial output, as defined by the manufacturer, is the value to be considered. Includes lighting from all area lighting fixtures, external sign illumination and decorative (non-sign) neon tubes, but does not include lighting used for permitted internally illuminated signs. Also does not include interior lighting; provided, however, the lighting is directed and or shielded in such a manner that it will not project primarily outside the building or create glare or light trespass. Lighting used under service station canopies is included toward the total output at 25% of the rated output of the lamps (see § 153.152(D)(4)(d)). Street lighting is exempt from total lumen count.

   UNSHIELDED FIXTURE. An outdoor light fixture that allows light to be emitted above the horizontal direction from the lowest point of the bulb within the fixture.

   WATT. The unit used to measure the electrical power consumption (not the light output) of a lamp.

(Ord. § 603(B), passed 9-4-2008)

   (A)   Preferred source. Due to their high energy efficiency, long life and spectral characteristics, low-pressure sodium (LPS) lamps are currently the preferred illumination source throughout the town. Their use is encouraged for outdoor illumination whenever its use would not be detrimental to the use of the property.

      (1)   Class 1 Lighting. Businesses who choose to use at least 80% LPS for their Class 1 application are eligible to apply for an additional 10% increase in the lumens per acre allowed for their site.

      (2)   Class 2 Lighting. LPS lamps are required though up to 10% of the total lumens used for Class 2 lighting may be non-LPS light. Ten percent white light added to the LPS light permits nearly normal color perception.

   (B)   General.

      (1)   Outdoor floodlighting by flood light or spot light projection above the horizontal is prohibited except for unshielded fixtures specifically permitted under divisions (D)(5) and (D)(7) of this section and properly adjusted motion sensing security lighting fixtures as defined in § 153.151.

      (2)   All commercial light fixtures are required to be shielded and shall be installed in such a manner that the shielding complies with the definition of fully shielded fixtures. Residential requirements and exceptions are provided in division (C) below. Building lighting that incorporates the colors of a company logo, trademark or sign shall be considered as signage.

      (3)   All light fixtures, including security lighting, except street lamps, shall be aimed or shielded so that the direct illumination shall be confined to the property boundaries of the source. 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 lighting fixtures shall be properly adjusted, according to the manufacturer's instructions, to turn off when detected motion ceases.

      (4)   Installation of new mercury vapor light fixtures has been prohibited since May 22, 1985 in Yavapai County. Only mercury vapor replacement bulbs shall be sold or installed for use as outdoor lighting within the town, and the use of mercury vapor light fixtures for outdoor lighting is prohibited after July 1, 2005.

      (5)   Search lights, laser source lights, strobe or flashing lights, or any similar high-intensity portable and or temporary light shall not be permitted, except for those utilized by law enforcement, emergency services personnel, public utilities and road construction/maintenance crews or at their direction.

      (6)   Class 1 Lighting, including but not limited to sales, service, commercial, assembly, repair, maintenance and industrial areas, may only continue in operation until 10:00 p.m., or for as long as the area is in active use but once off remain off during non-business hours.

      (7)   Class 2 Lighting shall have no time restrictions unless stipulated as a condition of approval for new projects.

      (8)   Class 3 Lighting shall be extinguished after 10:00 p.m. or when the business closes, whichever is later and remain off during non-business hours, low-wattage decorations for recognized holidays shall be counted towards the business properties' total lumen count. Flagpole lighting is exempt.

         (a)   Up-lighting or ground-mounted lighting may be allowed to accent unique features of a building (such as outstanding architectural features but not an entire building) and/or surrounding landscaping (specimen trees with dense year round foliage or large native shrub masses) subject to approval by the Development Services Director or Zoning Administrator or his/her designee. Up-lighting or ground-mounted lighting shall be designed and installed in such a manner as to minimize glare with special consideration in areas where there is vehicle and pedestrian traffic, or where such lighting will not unduly interfere with use and enjoyment of adjacent or nearby properties.

         (b)   All feature lighting which is directed upwards shall be placed in such a manner that the angle of the lamp shall not be greater than 45 degrees measured from a horizontal plane to a line projected through the center of the lamp, and fixtures shall be shielded to contain and direct the light onto the feature to be lighted.

      (9)   Multi-class lighting, except for security lights, must conform to the time limitations of the most strict class.

      (10)   Except as permitted in divisions (D)(2), (D)(4) and (D)(6) below, total outdoor light output as defined in § 153.151, excluding streetlights used for illumination of public rights-of-way, of any development project other than single family residential (see division (C) of this section) shall not exceed 100,000 lumens per net acre, averaged over the entire property. Of this total no more than 5,500 lumens per net acre may be used in unshielded fixtures.

   (C)   Residential.

      (1)   Class lighting. Residential lighting, as it may contain certain aspects of any of the lighting classes as may be found in Class 1, 2 or 3 as defined in § 153.151 shall be considered allowed so long as the intended use is allowed within the particular zoning district.

      (2)   Shielding. Fully shielded fixtures are required for all lamps.

      (3)   Lighting amount. Residential parcels containing more than one acre are allowed 20,000 lumens of lighting. Residential parcels containing one-half acre to one net acre are allowed 10,000 lumens of lighting. Residential parcels containing less than one-half acre are allowed 7,500 lumens of lighting. Motion sensing lights, as defined in § 153.151, shall not be subject to the noted lumen cap. Motion sensing lights can be turned to "constant on" for the purposes of illuminating yard areas for private recreational activities such as barbeques, parties, working with livestock or other similar gatherings without need for a temporary permit so long as they are returned to their automatic settings at the conclusion of the activity.

      (4)   Certification. Applicant to provide manufacturer's cut-sheet/catalog information detailing fixture shielding and lumen output of bulbs to be installed, and where required by the Development Services Director or Zoning Administrator or his/her designee, a drawing/illustration of the proposed shielded fixture.

      (5)   Curfew. Outside, unshielded lighting shall be extinguished after 10:00 p.m and remain off until daylight. Motion sensing security lighting is exempted. No dusk to dawn controls are permitted for unshielded lighting.

      (6)   Exemptions. Low lumen decorative lighting for recognized holidays, permanent low lumen landscape lighting (180 lumens or less per bulb) and flag lighting are exempt from the total lumen count for a given property.

   (D)   Commercial/nonresidential.

      (1)   Airport. Airport lighting which is required for the safe and efficient movement of aircraft during flight, take-off, landing and taxiing is exempt from the provisions of this chapter. Lighting used for illumination of aircraft loading, unloading, and servicing areas is exempt from the lumens per net acre limits of division (B)(10) above, although it must conform to all other requirements of this chapter. All other outdoor lighting at airport facilities shall comply with the provisions of this chapter.

      (2)   Outdoor display lots.

      (3)   Parking lot. Lighting standards (poles) shall be sized in such a manner that the top of any luminaire does not exceed 18 feet above adjacent grade, unless otherwise stipulated as a condition of approval for new projects.

      (4)   Service station.

         (a)   Class. Lighting for service station or similar canopies shall be considered Class 1 lighting.

         (b)   Shielding. All luminaries shall be flush with the lower surface of canopies and utilize flat glass or plastic covers.

         (c)   Canopy lighting amount. The total light output used for illuminating service station canopies, defined as the sum of under-canopy initial bare-lamp outputs in lumens, shall not exceed 60 lumens per square foot of canopy. All lighting mounted under the canopy, except internally illuminated signs, shall be included in the total.

         (d)   Inclusion toward total outdoor light output. Twenty-five percent of the lumen output of all lamps mounted within or under a canopy, except internally illuminated signs, is included in the lumen caps in division (B)(10). Street lighting is exempt from the total lumen count for a given property.

      (5)   Signs.

         (a)   Externally illuminated signs. Lighting used for all externally illuminated signs shall conform to all restrictions of this chapter, shall be fully shielded, and shall be turned off at 10:00 p.m. or when the business closes, whichever is later. Such lighting is included in the total outdoor output (see division (B)(10)).

         (b)   Internally illuminated signs. Outdoor internally illuminated advertising signs shall either be constructed with an opaque background and translucent letters and symbols or with a colored (not white, cream, off-white, yellow or other light color) translucent background, with either translucent or opaque letters and symbols. Opaque means only that the material must not transmit light from the internal illumination source; the color of opaque backgrounds is not restricted by this section. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in division (B)(10).

         (c)   All illuminated signs shall be turned off at 10:00 p.m. or when the business closes, whichever is later, and once off remain off during non-business hours. Signs subject to this curfew must have functioning and properly adjusted automatic timers.

            1.   All neon lighting (indoor or outdoor), except for that used in permitted signage, shall be fully shielded and shall be turned off at 10:00 p.m. or when the business closes, whichever is later.

            2.   The requirements for shielding of light emissions for outdoor light fixtures are as follows. The following table uses the following Shielding/Use Code: A = allowed, unshielded, F = allowed, fully shielded.

 

      (6)   Sports field.

         (a)   Class. Lighting, in all cases, for all outdoor athletic fields, courts, pools, tracks or ranges shall be considered Class 1 (Color Rendition). Sports field lighting at schools is exempt from this chapter as provided for in § 153.015 regarding publicly owned and operated facilities used for essential government purposes.

         (b)   Shielding. Fully shielded lighting shall be required for fields designed for amateur, recreational or non-professional sports activity. For professional level sports facilities where fully shielded fixtures are not utilized, acceptable luminaries shall include those which:

            1.   Are provided with internal or external glare control louvers, or both, and installed so as to minimize up-light and off-site light trespass as defined in § 153.151; and

            2.   Are installed and maintained with aiming angles that permit no greater than 2% of the light emitted by each fixture to project above the horizontal.

         (c)   Lighting amount. When the proposed lumens per acre exceeds the limits of division (B)(10), the installation shall be designed to achieve no greater than the minimum illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA). If IESNA has more than one applicable recommended practice, then the lowest figure shall apply. Street lighting is exempt from the total lumen count for a given property.

         (d)   Off-site spill. The installation shall also limit off-site spill (off the parcel containing the sports facility) to a maximum of 0.5 fc at any location on any nonresidential property, and 0.05 fc at any location on any residential property, as measurable from any orientation of the measuring device. If lighting products are not available to meet these standards, then the product providing the lowest off-site spill levels shall be required.

         (e)   Curfew. All events shall be scheduled so as to complete all activity by 10:00 p.m. Illumination of the playing field, court, track or range shall be permitted after 10:00 p.m. only to conclude a scheduled event that was unable to conclude before 10:00 p.m. due to unusual circumstances, and once off remain off during non-business hours.

         (f)   Certification. Every such lighting system shall be certified by an Arizona registered engineer, other certified lighting specialist or equivalent manufacturer documentation as conforming to all applicable restrictions of this chapter as installed.

         (g)   Non-field lighting. All site lighting not directly illuminating the field, court, track or range shall conform to all applicable standards of this subchapter.

      (7)   Nonconforming uses.

         (a)   Mercury vapor lamps are prohibited to be used for outdoor lighting.

         (b)   No new bottom or side-mounted outdoor advertising sign lighting shall be issued permits after July 1, 2005.

         (c)   No other outdoor lighting fixture or use which was lawfully installed or implemented prior to the enactment of this subchapter shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this chapter, except that identical lamp replacement is allowed. Time restrictions described in divisions (B)(6), (B)(7), (B)(8), (B)(9), (D)(2)(e), (D)(5)(c), and (D)(6)(e) of this section shall, however, be applied to such existing lighting.

         (d)   In the event that the use of an outdoor lighting fixture is discontinued for six months or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this chapter.

(Ord. 08-40, passed 6-3-2008)

   (A)   Approved materials and methods of construction or installation/operation.

      (1)   The provisions of this section of this subchapter are not intended to prevent the use of any design, material or method of installation or operation not commercially available or specifically prescribed by this chapter, provided any such alternate has been approved.

      (2)   The Zoning Administrator or his or her designate may approve any such proposed alternate, provided that the alternate:

         (a)   Provides at least equivalence to the applicable specific requirements of this chapter; and

         (b)   Is otherwise satisfactory and complies with the intent of this chapter.

   (B)   Permits and development plan reviews.

      (1)   Whenever a person is required to obtain a building or electrical permit for outdoor lighting or signage (residential or commercial), a use permit, subdivision approval or any development plan approval by the town, including all town projects, or whenever a person requests a rezoning, the applicant shall, as a part of the lighting permit application, submit sufficient information to enable the Zoning Administrator to determine whether the proposed lighting will comply with this chapter.

      (2)   All applications shall include the following:

         (a)   A site plan indicating the proposed location of all outdoor lighting fixtures;

         (b)   A description of each illuminating device, fixture, lamp, support and shield. This description may include but is not limited to manufacturer's catalog cuts and drawings (including sections where required), lamp types and lumen outputs; and

         (c)   Such other information as the Zoning Administrator may determine is necessary to ensure compliance with this chapter.

      (3)   If the Zoning Administrator determines that the proposed lighting does not comply with this chapter, the permit shall not be issued or the plan approved.

   (C)   Temporary permits.

      (1)   The Zoning Administrator may grant a permit for temporary lighting if he or she finds all of the following:

         (a)   The purpose for which the lighting is proposed is not intended to extend beyond 30 days;

         (b)   The proposed lighting is designed in such a manner as to minimize light pollution as much as is feasible;

         (c)   The proposed lighting will comply with the general intent of this chapter; and

         (d)   The permit will be in the public interest.

      (2)   The Zoning Administrator shall rule on the application within five business days from the date of submission of the request and notify the applicant in writing of his or her decision. The Zoning Administrator may grant one renewal of the permit for an additional 30 days if he or she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Zoning Administrator is not authorized to grant more than one temporary permit and one renewal for the same property within one calendar year.

   (D)   Variances. Any person desiring to install an outdoor lighting fixture in violation of this chapter may apply to the Board of Adjustment for a variance from the regulation in question. Such variances shall be allowed only as provided by § 153.021. Commercial light installations that are removed or relocated during a building remodel will be required to meet the then current ordinance requirements.

(Ord. § 603(D), passed 9-4-2008)