The intent of this Chapter is to regulate, establish and control the amount of artificial light visible to the public.

   A.   Excessive amounts of manmade light, intruding upon adjacent properties, constitutes light pollution. It is this type of lighting that is aesthetically destructive and tends to destroy the natural rural charm the Village has strived to maintain. As an element in our residential districts, this encroachment is inconsistent with the rural night and diminishes the economic value of the properties which are subjected to light pollution. Our residents purchased property here to enjoy the rural charm of the Village, not be subjected to needless and aesthetically harmful illumination. As part of our Office, Industrial and Community Business Districts, adequate amounts of illumination must be provided in order to promote safety and security. These elements need to provide protection for both personal safekeeping and property preservation, with minimal impact on adjacent residential properties or glare on nearby highways.

   B.   The purpose of this Chapter is to eliminate or reduce as much light pollution as possible. Controlled forms of illumination systems, which promote safety and are consistent with the planning efforts of the Village, are set forth in this Chapter and are permitted where indicated. (Ord. 96-15, 7-31-1996)

As used in this Title, unless the context otherwise requires, the following terms shall be construed as herein defined:

COMMERCIAL BUILDING LIGHTING: Lighting which is attached to any nonresidential structure, including lighting near doors, lighting which illuminates the grounds and lighting which is directed to illuminate the facade of the building.

DRIVEWAY LIGHTING: Lighting which is designed to identify the location of a driveway, when reasonably necessary due to significant traffic flow, to light the edge of the driveway to prevent lawn damage, to promote traffic safety at the intersection of the driveway with the adjacent road, and/or to provide illumination in areas in which an automobile drives or passengers would enter or exit a vehicle.

EXTERIOR LIGHTING OF RESIDENCE: Lighting which is designed to provide illumination for safe ingress or egress to the residence, including the garage, but shall not include illumination of the exterior of the building.

HOLIDAY LIGHTING: Temporary seasonal lighting, which is traditionally displayed during holiday periods, is decorative and has low level illumination, so that the grounds are not illuminated.

INTERSECTION OR STREET LIGHTING: Lighting which is elevated above ground and is reasonably designed to illuminate a street intersection or road in such a fashion as to promote vehicular and pedestrian safety.

LANDSCAPE LIGHTING: Lighting which is located on the ground and is primarily designed to illuminate or silhouette vegetation, a lawn or garden. This type of lighting may incidentally illuminate a portion of a building.

PARKING LOT LIGHTING: Lighting of an office, industrial, community business or special use area, which is devoted to temporary storage of motor vehicles. This type of lighting is designed to provide illumination for safety and security.

PRIVATE SIGN ILLUMINATION: Lighting of any sign, which is otherwise permitted, which is not installed or maintained by any governmental entity, such as, but not limited to, subdivision identification signs.

RESIDENTIAL YARD OR GROUNDS LIGHTING: Lighting which is designed to promote safe pedestrian travel along walkways, swimming pools, patios or decks.

ROAD SIGN LIGHTING: Lighting of any sign, which is installed or maintained by any governmental entity, or is otherwise directory in nature and lighting is reasonably necessary to augment illumination by automobile headlights.

SECURITY LIGHTING: Lighting which is controlled by an alarm system and is only illuminated when the alarm is sounded or otherwise engaged for its intended emergency purpose.

SPECIAL USE LIGHTING: Lighting which is specifically designed to be sensitive to its impact on neighboring lands and to the requirements for the particular use of the particular district. These public and private categories are, but not limited to, religious, educational, not-for-profit, agricultural, historical, recreational (such as stages and tennis courts) and health/medical uses and facilities. (Ord. 96-15, 7-31-1996)

Class 1: All residential areas of the Village, including SR-5, SR-2, SR-1.5, SR-1, SR-1A, all special use areas, including, but not limited to, cluster subdivision and open space subdivision developments and all specific variation subdivisions.

Class 2: All nonresidentially zoned areas. This classification also includes all property utilized for agricultural, educational, religious and all special use areas, including, but not limited to, not-for-profit office and health/medical uses and facilities. This classification does not include public or private roads, but does include driveways to areas that are otherwise within this classification.

Class 3: All public and private roads, excluding driveways. (Ord. 96-15, 7-31-1996)

The regulations and standards set forth herein shall regulate and govern the use of, modification of, construction of, installation of, or the erection of any illumination system for the purpose of lighting external areas, including, but not limited to, signs, parking areas, buildings, landscaping, walkways, porches, driveways and public or private roads.

Refer to the end of this Chapter for luminaries and poles approved for installation within the Village.

Each illumination system must be permitted or have received approval in each of the seven (7) groups, inclusive, before a permit can be issued.

Legend for each Group/Class is indicated by a P symbol for a Permitted use, by an NP symbol for a Not Permitted use and by a VB symbol for a use subject to review and approval of the Village Board.

 

(Ord. 96-15, 7-31-1996)

It shall be unlawful to construct, install, modify, erect or utilize any illumination system for the purpose of lighting external areas without securing a permit in Class 1 and Class 2 areas. No permit shall be required for illumination systems in Class 3 areas.

The permit fee for an illumination system permit shall be seventy five dollars ($75.00). In addition, the applicant shall be responsible for any and all professional costs incurred by the Village Building Commissioner, in connection with the review of the application for the permit, including engineering fees and attorney fees.

All applications for illumination system permits shall be reviewed by and receive the approval of the Building Commissioner prior to the issuance of a permit. (Ord. 96-15, 7-31-1996)

All permit applications shall be accompanied by three (3) sets of the following documents: a drawing of the site, with the location of all proposed fixtures depicted thereon. Concrete foundation detail indicating anchor bolts, conduits, ground rod and depth of foundation in relation to finish grade as required for specific soil conditions. Trench and compacted backfill material with size and type of direct burial cable. No open cutting of paved roadway is allowed. Light poles shall not be located closer than fifteen feet (15') to any fire hydrant, manhole, catch basin or inlet. Also required shall be statements of use intended, the power source, the type of light source, a representation of the actual fixture (original catalog cut and/or drawing), fixture height, material and finishes, photo cell location, source brightness in foot-candles and sufficient information to determine the amount of illumination which would shine on adjacent property. In addition, all other information and data reasonably necessary to evaluate the permit request, shall be provided to the Village Board as it requests. (Ord. 96-15, 7-31-1996)

No permit shall be issued for any illumination system unless it has first been approved as complying with said design criteria utilizing the standards set forth in this Chapter, by the Building Commissioner of the Village. The submittal will be reviewed for location, height, style and type of fixture to ensure that the illumination system, as installed, will fully comply with all the requirements of this Chapter and that it will be harmonious with existing uses in the vicinity of the site of the proposed illumination system. The submittal shall not be approved until it has satisfied all the criteria and that the illumination system will not generate light pollution.

   A.   Procedure: Prior to obtaining a permit, the documents as outlined in Section 8-12-6 of this Chapter shall be submitted to the Building Department, along with the preliminary plan review fee.

   B.   Building Department Review: The Building Commissioner shall review the submitted preliminary design to determine if it is complete and meets the basic standards of the Village. (Ord. 96-15, 7-31-1996)

All existing illumination systems which do not conform to the requirements of this Chapter shall be brought into conformity with all of the criteria and standards set forth in this Chapter, no later than two (2) years subsequent to adoption of this Chapter. (Ord. 96-15, 7-31-1996)

The Village Zoning Board of Appeals, upon good cause shown, recommends to the Village Board a variation from strict compliance with the standards set forth in this Chapter if, in the determination of the Village Zoning Board of Appeals, the variation is necessary to avoid an undue hardship upon the applicant. In addition, that the Village Zoning Board of Appeals determines that the illumination system with the variance requested shall not have any adverse effect upon adjacent properties and that the variation requested shall not result in light pollution subject to public view. The Village Board shall review and act upon the recommendation as provided in subsection 8-10-2D of this Title. (Ord. 96-15, 7-31-1996)

Any person, firm, corporation, partnership, association or other legal entity who violates this Chapter shall, upon conviction thereof, be fined a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and a separate offense shall be deemed committed upon each day during or upon which the violation occurs or continues. (Ord. 96-15, 7-31-1996)

This luminary and pole will be located at all street intersections only. Deviations to this requirement must be approved by the Village Plan Commission. The approved light fixture assembly is by Sternberg, the Main Street/Oxford Model MS805-A/6212-TFP.

(Ord. 96-15, 7-31-1996)