This article is intended to establish restrictions and guidelines for the use and installation of outdoor artificial illuminating devices. To prevent emitting undesirable rays into the night sky which have a detrimental effect on astronomical observations.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

All outdoor artificial illuminating devices shall be installed and utilized in conformance with the provisions of the chapter, and all other ordinances or building codes which may be applicable. Where any provision of State or Federal law, or any other applicable code conflicts with the requirements of this outdoor light control article, the most restrictive shall control.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

The provisions of this article are not intended to prevent the use of any material or method of installation not specifically prescribed by this article provided any such alternate has been approved. The Zoning Administrator may approve any such alternate, provided, he/she finds that the proposed design, material or method:

(a)

Provides approximate equivalence to those specific requirements of this article; or

(b)

Is otherwise satisfactory and complies with the intent of this article.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Filtered. Outdoor light fixtures whose transmission is less than five percent total emergent flux at wavelengths less than 3,900 angstroms. Total emergent flux is defined as that between 3,000 and 7,000 angstrom units.

Fully shielded. Those fixtures shall be in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

Individual. Any private individual, tenant, lessee, owner, or any commercial entity including, but not limited to companies, partnerships, joint ventures or corporations.

Installed. The initial installation of outdoor light fixtures defined herein, following the effective date of this chapter but shall not apply to those outdoor light fixtures installed prior to such date.

Outdoor light fixtures. Outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to search, spot, or floodlights for:

(a)

Buildings and structures.

(b)

Recreational areas.

(c)

Parking lot lighting.

(d)

Landscape lighting.

(e)

Billboards and other signage (advertising or others).

(f)

Street lighting.

Partially shielded. Those fixtures shall be in such a manner that the bottom edge of the shield is below the plane center line of the light source (lamp), minimizing light above the horizontal.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

Shielding. All exterior illuminating devices, except those exempt from this chapter shall be fully and/or partially shielded as required in subsection (c) of this section.

(b)

Filtration. All exterior illuminating devices, except those exempt from this chapter shall be filtered as required in subsection (c).

(c)

Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table:

Footnotes:

1.

Glass, acrylic, or translucent enclosures satisfy these filter requirements.

2.

This is the preferred lamp type to minimize undesirable light into the night sky affecting astronomical observations.

3.

Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.

4.

Warm white and natural lamps are preferred to minimize detrimental effects.

5.

For the purpose of this chapter, quartz lamps shall not be considered an incandescent light source.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

Searchlights. The operation of searchlights for advertising purposes is prohibited between the hours of 11:00 p.m. and 6:00 a.m.

(b)

Mercury Vapor. The installation of mercury vapor fixtures is prohibited.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

Nonconforming Fixtures. All outdoor light fixtures existing and fully installed prior to the effective date of this chapter (June, 1998) may remain "nonconforming" indefinitely; provided, however, that no change in use, replacement, structural alteration, or restoration after abandonment of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of these regulations.

EXCEPTIONS:

No outdoor recreational facility, public or private, shall be illuminated by nonconforming means after 11:00 p.m. except to include a specific recreational or sporting event or any other activity conducted at a ball park, outdoor amphitheater, arena, or similar facility in progress prior to 11:00 p.m.

(b)

Fossil Fuel Light (Gas). Lighting produced by the combustion of natural gas or other utility-type fossil fuels is exempt. (This does not exempt lighting produced indirectly from combustion of natural gas or other utility-type fossil fuels, such as through the use of electricity to produce lighting.)

(c)

Federal and State Facilities. Those facilities and lands owned, operated or protected by the U.S. Federal Government or the State are exempted by law from all requirements of this chapter. Voluntary compliance with the intent of this chapter at those facilities is sought and encouraged.

(d)

Special Exemption. The Zoning Administrator may grant special exemption to the requirements of subsection (c) of Section 14-8-5 only upon written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice.

(e)

Outdoor Advertising Lighting. Bottom-mounted outdoor advertising lighting is exempt provided that the lighting is equipped with a permanent automatic shut-off device and that the lights shall not be operated between the hours of 11:00 p.m. and 6:00 a.m.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

Application.

(1)

Any individual applying for a building or use permit under this Code intending to install outdoor lighting fixtures shall as a part of said application submit evidence that the proposed work will comply with this chapter.

(2)

All other individuals intending to install outdoor lighting fixtures shall submit an application to the Zoning Administrator providing evidence that the proposed work will comply with this chapter.

(3)

Utility companies entering into a duly approved contract with the City in which they agree to comply with the provisions of these regulations, shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting.

(b)

Contents of Application. The application shall contain the following information:

(1)

Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, other devices, etc.

(2)

Description of the illuminating devices, fixtures, lamps, supports, and other devices, etc. This description may include but is not limited to, manufacturers' catalog cuts, and drawings (including sections where required).

(c)

The above required plans and descriptions shall be sufficiently complete to enable the Zoning Administrator to readily determine whether compliance with the requirements of this chapter will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature of configuration of the device, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.

(d)

Issuance of Permit. Upon compliance with the requirements of this chapter, the City shall issue a permit for installation of the outdoor lighting fixtures, to be installed as in the approved application. In the event the application is part of a building permit application, the issuance of the building permit will be made if the applicant is in compliance with this chapter as well as other pertinent laws and regulations. Appeal procedures of the zoning regulations for decisions under this article shall apply.

(e)

Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures of lamps after a permit has been issued, the applicant must submit all changes to the Zoning Administrator for approval, with adequate information to assure compliance with this chapter.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)

(a)

Request for Temporary Exemptions. Any individual as defined herein may submit a written request to the Zoning Administrator for a temporary exemption to the requirements of this chapter, such exemption to be valid for 30 days, renewable at the discretion of the Zoning Administrator.

(b)

The request of temporary exemption shall contain minimally the following listed information:

(1)

Specific exemption requested.

(2)

Type and use of exterior light involved.

(3)

Duration of time for requested exemption.

(4)

Type of lamp and calculated lumens.

(5)

Total wattage of lamp or lamps.

(6)

Proposed location of exterior light.

(7)

Previous temporary exemptions, if any.

(8)

Physical size of exterior light and type of shielding provided.

(c)

In addition to the above data, the Zoning Administrator may request any additional information which would enable him to make a reasonable evaluation of the request for temporary exemption.

(d)

Appeal for Temporary Exemption. The Zoning Administrator, within five days for the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right of appeal to the Planning and Zoning Commission for review, pursuant to the procedures applicable to any other appeal of the decision of the Zoning Administrator.

(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)