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Germantown Hills City Zoning Code

CHAPTER 10

LIGHTING

9-10-1: PURPOSE:

The village board of trustees finds that the regulation of outdoor lighting in the village is necessary to prevent misdirected or excessive artificial light caused by inappropriate or misaligned light fixtures that produce glare, light trespass, and/or unnecessary sky glow; and also that regulation is necessary to discourage the waste of electricity, to improve or maintain nighttime public safety and security, and to otherwise preserve and enhance the rural character of the village. (Ord. 377, 12-19-1996; amd. 2012 Code)

9-10-2: DEFINITIONS:

FOOT-CANDLE: The illuminance on a surface of one square foot in area on which there is uniformly distributed a light flux of one lumen.
GLARE: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
IES: Illuminating Engineering Society Of North America, an organization that establishes standards for the lighting industry.
LIGHT TRESPASS: Any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property as specified in subsection 9-10-5A of this chapter.
LUMEN: A unit of measure of the quantity of light which falls on an area of one square foot, every point of which is one foot (1') from the source of one candela. A light source of one candela emits a total of 12.57 "lumens".
MOTION SENSOR DEVICE: A device that will sense motion electronically and switch on security lighting for a brief duration.
OBJECTIONABLE DIRECT LIGHT EMISSIONS: Direct light emissions offensively visible above a height of five feet (5') at the subject property line. A bulb, a reflective device, a refractive lens device, a globe, or diffuse panel shall be considered a direct light emission source.
OUTDOOR LIGHT FIXTURE: An electrically powered illuminating device containing a total light source of more than one thousand eight hundred (1,800) initial lumens per fixture (this is greater than a single 100 watt incandescent lamp, or two 75-watt reflectorized incandescent bulbs), which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, architectural structure, or sign.
SHIELDED LIGHT FIXTURE: A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of ninety degrees (90°) for street lighting and of eighty degrees (80°) for all other lighting, through the light fixture's lowest light emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed. (Ord. 377, 12-19-1996)

9-10-3: CERTIFICATE OF COMPLIANCE REQUIRED; EXCEPTIONS:

Other than fixtures serving one- or two-family dwellings, no outdoor light fixtures shall be installed or modified on any property in the village until the zoning officer has received a certification from the owner or developer of the property, or the architect or engineer, that the fixtures and their illumination comply in all respects with the requirements of this chapter, to the best of his/her knowledge and ability. (Ord. 377, 12-19-1996)

9-10-4: OUTDOOR LIGHT FIXTURES:

All outdoor light fixtures installed and thereafter maintained, other than those serving one- or two-family dwellings, shall comply with the following requirements:
   A.   Where used for security purposes or to illuminate walkways, roadways, and parking lots, only shielded light fixtures shall be used.
   B.   Where used for commercial or industrial purposes such as in merchandise display areas; work areas; platforms; signs; and architectural, landscape, or sports or recreational facilities, all light fixtures shall comply with the following:
      1.   Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.
      2.   For other upward directed architectural, landscape, and decorative lighting, direct light emissions shall not be visible above the building roofline.
      3.   Recreational and sports facility lighting shall comply with IES recommendations and shall be shielded whenever possible.
      4.   Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on the top of the sign structure.
      5.   All other outdoor lighting shall use shielded light fixtures. (Ord. 377, 12-19-1996)

9-10-5: LIGHT TRESPASS:

   A.   Generally: All light fixtures, except street lighting and those used on one- or two-family dwellings, shall be designed, installed, and maintained to prevent light trespass, as follows:
      1.   At the property line of the subject property, illumination from light fixtures shall not exceed 0.1 foot-candle on residential zoned property or 0.5 foot-candle on commercial zoned or industrial zoned property, measured in a vertical plane.
      2.   Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will be no objectionable direct light emissions.
Note: Light fixtures near adjacent property may require special shielding devices to prevent light trespass.
   B.   Residential Light Trespass: Outdoor light fixtures installed and thereafter maintained on one- or two-family dwellings shall be positioned so that there are no objectionable direct light emissions that can be seen from adjacent residential properties. This subsection will only apply when the offended resident registers a formal complaint. (Ord. 377, 12-19-1996)

9-10-6: ILLUMINANCE REQUIREMENTS:

   A.   For street lighting, average IES illuminance recommendations shall not be exceeded. IES average to minimum illuminance uniformity ratios are to be used as a guide for designing safe and adequate roadway lighting.
   B.   The village does not require owners to illuminate outdoor parking facilities. For those owners who elect to do so, requirements for outdoor parking facilities shall be determined as follows: Maintained horizontal illuminance (after depreciation) for parking and pedestrian traffic shall not exceed an average of six (6.0) foot-candles. Maximum to minimum illuminance ratios shall not exceed fifteen to one (15:1).
   C.   Illuminance at the level of an illuminated American flag shall not exceed five (5.0) foot-candles.
   D.   All other illuminance uses shall not exceed IES recommendations. (Ord. 377, 12-19-1996)

9-10-7: ENERGY CONSERVATION:

The design and installation of outdoor lighting shall be constructed so as to conform to the following standards:
   A.   All outdoor lighting not necessary for security purposes shall be reduced, activated by motion sensor devices, or turned off during nonoperating hours. Illuminated signs are excluded from this requirement.
   B.   All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency. (Ord. 377, 12-19-1996)

9-10-8: EXEMPTIONS FROM PROVISIONS:

   A.   This chapter shall not apply to the state of Illinois acting through its department of transportation, but shall apply to the corporate authorities of the village.
   B.   Except as provided in section 9-10-9 of this chapter, this chapter shall not apply to outdoor light fixtures installed as of the effective date hereof, but shall apply to any later modification to such light fixtures. Bulb replacement and normal maintenance is not considered modification of a fixture. (Ord. 377, 12-19-1996)

9-10-9: NONCONFORMITIES:

All nonconforming fixtures, uses, and illumination shall be brought into full compliance with this chapter no later than December 31, 2016, unless earlier compliance is required by subsection 9-10-8B of this chapter. (Ord. 377, 12-19-1996)

9-10-10: VIOLATION; PENALTY:

The violation of or failure to comply with any of the provisions of this chapter is declared to be an offense. Any person violating any provision of this chapter shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation continues shall be deemed a separate offense. This section shall apply to violations of this chapter rather than the penalty provisions stated in section 9-3-8 of this title of which this chapter is a part. (Ord. 377, 12-19-1996; amd. 2012 Code)