Emerson City Zoning Code

The purpose and intent of this article are as follows:

1.

To encourage systematic practices in the use of outdoor electrically powered luminaires, consistent with conserving energy and maximizing the benefits to the citizenry.

2.

To increase nighttime utility, safety, security, and productivity; to foster the nighttime use of property; and to protect the privacy of residents.

3.

To reduce light trespass, obtrusive light, and sky glow, and to reduce roadway glare and extreme variations of illumination, to which elderly drivers are particularly sensitive.

4.

To preserve and enhance the natural nighttime visual environment of the city.

5.

To preserve the views of the starry sky, encouraging the enjoyment of their aesthetics, the education of the public in the sciences, and the astronomical study of celestial bodies.

6.

To accomplish these purposes by limiting illuminance levels; by directing the luminaire emissions away from roadways, other properties, and the sky; and by reducing illumination levels during later hours of the night.

(Ord. No. 2025-023, § 1A, 12-8-2025)

Beacon. A light with one or more beams directed into the atmosphere or directed at one or more points not on the same property as the light source; also any light system with one or more beams that rotate or move.

Correlated color temperature (CCT). The measured color appearance of light emitted by a light source described using a nominal value stated in kelvins (K).

Cutoff. A luminaire light distribution where the emission does not exceed 2.5 percent of the lamp lumens at an angle of 90 degrees above nadir, and does not exceed ten percent at a vertical angle of 80 degrees above nadir. These emission values apply to all lateral angles around the installed luminaire.

Footcandle. A unit of measure for illuminance on a surface that is everywhere one foot from a point source of light of one candle, and equal to one lumen per square foot of area.

Full cutoff. A luminaire light distribution where zero emission occurs at all angles of 90 degrees or greater above nadir, and the emission does not exceed ten percent of total lamp lumens at a vertical angle or 80 degrees above nadir. These emission values apply to all lateral angles around the installed luminaire.

Glare. The sensation produced within the visual field by luminance that is sufficiently greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual performance and visibility.

Illuminance. The quantity of light arriving at a surface divided by the area of the illuminated surface, measured in footcandles. Horizontal illuminance applies to a horizontal surface; vertical illuminance applies to a vertical surface. Average illuminance is the level of illuminance over an entire illuminated target area. Maximum illuminance is the highest level of illuminance on any point within the entire area; minimum illuminance is the lowest level of illuminance on any point within the entire area.

Illuminance levels. All illuminance levels and foot candles noted in this article mean the maintained illuminance levels: the illuminance levels occurring just prior to lamp replacement and luminaire cleaning. The average illuminance level applies to an entire illuminated target area. Minimum and maximum illuminance levels apply to small areas within the entire illuminated target area. Unless otherwise noted, illuminance levels refer to horizontal illuminance levels.

Lamp. The component of an outdoor luminaire that produces light.

Light trespass. Unwanted light emitted beyond the boundaries of the property on which the luminaire is located, detrimentally affecting residents, vehicle operators and pedestrians, the natural environment, and astronomical observations.

Luminaire (light fixture). A complete fixed or movable lighting unit consisting of a lamp or lamps and ballasting (when applicable) together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

Person. Any individual, tenant, lessee, owner, or any commercial entity, including, but not limited to, a firm, business, partnership, association, joint venture, corporation, or organization, whether commercial, religious, fraternal, social or otherwise, or any agent thereof.

Roadway lighting. Lighting that is specifically intended to illuminate roadways for automobiles, excluding the lighting intended to illuminate roadways only for pedestrians.

Security lighting. Continuous illumination of nonroadway territory when there is no minimal nighttime activity by authorized individuals.

Semi-cutoff. A luminaire light distribution where the emission does not numerically exceed five percent of the total at an angle of 90 degrees above nadir, and 20 percent at a vertical angle of 80 degrees above nadir. These values apply to all lateral angles around the installed luminaire.

Shielded, provided with internal and/or external shields, top and side visors, hoods, and internal louvers to limit glare, sky glow, and light trespass caused by emission from luminaires.

Sky glow. The brightening of the nighttime atmosphere by light emitted above the horizontal plane and by light reflected upward from illuminated surfaces, which reduces the visibility of astronomical objects.

Uniformity ratio. A higher level of illumination in relation to a lower level of illumination within a given target area. A value for either the maximum-to-minimum ratio or the average-to-minimum ratio may be required. For example, if the average-to-minimum uniformity ratio is 4:1 for the given target area, the lowest level of illuminance is no less than one divided by four (25 percent) of the average level of illuminance.

(Ord. No. 2025-023, § 1A, 12-8-2025)

This article shall apply to all new development, redevelopment, and expansions requiring site plan approval.

(Ord. No. 2025-023, § 1A, 12-8-2025)

A.

Direction & shielding: All area lighting shall be installed as full cutoff fixtures and directed downward to prevent uplight.

B.

Flood/spotlights: Flood or spot lamps must be positioned so that the center of the beam is no higher than 45 degrees above straight down (halfway between the vertical and the horizontal) when the source is visible from any off-site property or public roadway.

C.

Maximum light pole height: 25 feet for residential and commercial uses. Up to 40 feet for industrial and recreational uses.

D.

Color temperature: All new outdoor lighting fixtures shall comply with maximum correlated color temperatures (CCT) indicated in Table 1. In no case shall any fixture exceed 4000 Kelvin (K).

E.

Glare & trespass: Lighting shall not cause glare or measurable light trespass on adjacent properties or spill into public streets.

(Ord. No. 2025-023, § 1A, 12-8-2025)

A.

Parking lots shall maintain, at minimum, an average illumination of 2.0 foot-candle, a minimum of 0.2 foot-candle at any point, and a maximum to minimum uniformity ratio not to exceed 15:1.

B.

Canopies/fueling stations:

1.

All lighting under canopies shall be recessed or flush mounted within the canopy ceiling.

2.

Fixtures shall be designed to provide full cutoff distribution with no drop lenses.

3.

Side mounted floodlights, column mounted floodlights and perimeter canopy lighting are prohibited.

C.

Lighting for Signs shall be as described and regulated by Article VIII.

D.

Sports and recreational fields:

1.

Sports field lighting is permitted for scheduled athletic events, practices, and maintenance activities, and shall be turned off no later than 30 minutes after the conclusion of the activity.

2.

Due to the nature of recreational field lighting, fixtures may be aimed above the horizontal to illuminate the ball in flight zone.

3.

Lighting systems shall utilize sports lighting luminaires designed to minimize off site spill and glare to the extent practical and consistent with IES RP-6.

4.

Spill light at adjacent residential property lines shall be limited to reasonable levels achievable with contemporary sports lighting systems.

E.

Zoning district lighting: In addition to the standards of this article, development in zoning districts with specific lighting regulations shall comply with the lighting requirements established for those districts. Where such regulations are more specific or more stringent than the standards of this section, the district regulations shall govern.

(Ord. No. 2025-023, § 1A, 12-8-2025)

A.

Whenever a person is required to obtain a building or electrical permit for outdoor lighting or signage, subdivision approval, or approval of any residential, commercial, industrial, mixed use subdivision plan, or any land development plan approval by the city the applicant shall, as a part of said application, submit a lighting plan showing fixture types, locations, mounting heights, and color temperature.

B.

If the lighting plan does not comply with this article, the permit shall not be issued or the plan approved.

(Ord. No. 2025-023, § 1A, 12-8-2025)

A.

Promotional beacons, search lights, laser sources, strobe lights, and any similar high intensity lights are prohibited.

B.

Flashing or moving lights.

C.

Lighting used for causing sky glow to attract attention, in excess of the lighting used to provide safety, security, and utility.

D.

Unshielded floodlights, including but not limited to fixtures that expose the lamp or LED emitters to view.

E.

Strips, strings, rope lights or similar lighting used to outline windows, doors, rooflines, building edges or other similar architectural features, except for temporary holiday lighting.

(Ord. No. 2025-023, § 1A, 12-8-2025)

(A)

As a condition of issuing a certificate of occupancy, all nonconforming lighting on the development site shall be brought into compliance with this article.

(B)

Upon any change in zoning classification, all nonconforming luminaires on the property shall be brought into full compliance with the requirements of this article.

(Ord. No. 2025-023, § 1A, 12-8-2025)

The following outdoor lighting is exempt from all requirements of this Article:

1.

Airport lighting that is required for the safe and efficient movement of aircraft during flight, takeoff, landing, and taxing; However, all other outdoor lighting at airport facilities shall comply with the provisions of this article.

2.

Emergency lighting by law enforcement, fire, ambulance, and rescue authorities.

3.

Lamps that produce light directly by the combustion of natural gas, kerosene, or other fossil fuels.

4.

Lighting for meteorological data gathering purposes.

5.

Lighting installed on, in, or in connection with facilities owned or operated by any government entity or political subdivision thereof.

6.

Neon or similar lighting that utilizes glass tubes filled with neon, argon, krypton or other gases, or lighting intended to create a neon effect.

7.

Outdoor lights existing and legally installed prior to the effective date of this article, provided, however, that no change in use, replacement, structural alteration, or restoration of such lights, except for bulb replacement, shall be made unless it thereafter conforms to the provisions of this article.

8.

Pedestrian & decorative fixtures: Post-top, bollard, and other decorative pedestrian scale fixtures that are not full cutoff may be used, provided they incorporate an opaque top, internal shielding, or a diffusing lens to limit upward light and reduce outward glare.

9.

Temporary holiday lighting, limited to decorative string or ornamental fixtures producing no more than 100 lumens per lamp or individual light source, and displayed for no more than 60 consecutive days and no more than 90 total days within any twelve-month period.

10.

Streetlights.

11.

Residential, multifamily and commercial exterior lights required by the International Building Code or International Residential Code for safe ingress and egress, provided such fixtures are limited to doorway or walkway illumination and shall not include floodlights.

12.

Landscape accent lights produce 100 lumens or less per fixture.

(Ord. No. 2025-023, § 1A, 12-8-2025)

A.

It shall be unlawful to install, erect, construct, enlarge, alter, repair, move, improve, convert, or operate a light in violation of this article.

B.

The city may require corrective action for any lighting installation that becomes nonconforming, due to damage or lack of maintenance.

C.

The city is authorized to order the modification of any light that it finds to be a definite hazard or gross nuisance to the public, particularly a light that causes objectionable glare to the users of a roadway.

(Ord. No. 2025-023, § 1A, 12-8-2025)