Huachuca City City Zoning Code

Purpose. This code is intended to restrict the permitted use of outdoor artificial illuminating devices emitting undesirable rays into the night sky which have a detrimental effect on astronomical observations.

Conformance with Applicable Codes. All outdoor artificial illuminating devices shall be installed in conformance with the provisions of the code, the town zoning regulations, and any building codes which may hereafter be enacted, as applicable. Where any provisions of any of the Arizona state statutes, or any of the federal law, or any companion town code comparatively conflicts with the regulations of this light pollution code, the most restrictive shall govern.

Approved Material and Methods of Installation. The provisions of this code are not intended to prevent the use of any material or method of installation not specifically prescribed by this code, provided any such alternate has been approved. The town building inspector may approve any such alternate provided he finds that the proposed design, material or method:

Shielding. All exterior illuminating devices, except those exempt from this code and those regulated by Section 18.125.040(C), shall be fully or partially shielded as required in subsection C of this section.

Filtration.

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:

Searchlights. The operation of searchlights for advertising purposes is prohibited.

Recreational Facility. No outdoor recreational facility, public or private, shall be illuminated by nonconforming means after 11:00 p.m. except to conclude 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.

Outdoor Building or Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing or other purpose, is prohibited except with incandescent fixtures less than 150 watts.

Mercury Vapor. The installation of mercury vapor fixtures is prohibited effective 90 days after the date of adoption of this code.

Nonconforming Fixtures. All outdoor light fixtures existing and fully installed prior to the effective date of the code 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.

Fossil Fuel Light. Light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.

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

Special Exemption. The building inspector may grant a special exemption to the requirements of Section 18.125.030(C) only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice.

Applications.

Contents of Application or Submission. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the town zoning regulations upon application for the required permit:

Issuance of Permit. Upon compliance with the requirements of this code, the town building inspector 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 the building permit application under the zoning regulations, the issuance of the building permit will be made if the applicant is in compliance with this code as well as the other requirements for issuance under the zoning regulations. Appeal procedures of the zoning regulations for decisions of the town building inspector shall apply.

Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the town building inspector for approval, with adequate information to assure compliance with this code.

Request for Temporary Exemptions. Any individual as defined herein may submit a written request on a form prepared by the planning and zoning commission to the town building inspector for a temporary exemption to the requirements of this code, such exemption to be valid for 30 days, renewable at the discretion of the town building inspector.

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

Appeal for Temporary Exemption. The town building inspector, within five days from 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 appropriate board of adjustment for review pursuant to the procedures applicable to any other appeal of a decision of the town building inspector.