(a)

Purpose and authority. Increased development without proper consideration of stormwater impacts can be a significant source of pollution to Long Island Sound, its tributaries, and other waters of the state. The state's water resources are valuable natural, economic, recreational, cultural, and aesthetic resources. The protection and preservation of these waters is in the public interest and is essential to the health, welfare, and safety of the citizens of the City of New Haven. It is, therefore, the purpose of this ordinance to protect and preserve the waters within New Haven from nonpoint sources of pollution through the proper management of stormwater flows and minimization of inputs of suspended solid, pathogens, toxic contaminants, nitrogen, and floatable debris to these flows.

(b)

Definitions.

Aquifer: Geologic formation, group of formations, or part of a formation that contains sufficient saturated, permeable materials to yield significant quantities of water to wells and springs.

BMPs—best management practices: Techniques or structural devices that are effective practical ways of preventing or reducing pollution.

First inch of rain: The first inch of rainfall during a single event.

Groundwater: Water found beneath the ground surface that completely fills the open spaces between particles of sediment and within rock formations.

Impervious surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.

Sediment: Solid material, either mineral or organic, that is in suspension, is transported, or has been moved from its site or origin by erosion.

Site: A single parcel, together with any adjacent waters, which is the subject of an application for zoning approval, coastal site plan review, or an inland wetlands permit.

Trash hood: Feature in a catch basin which traps debris such as litter and keeps it from being discharged from the catch basin.

Urban stormwater runoff: Precipitation that falls onto the surfaces of roofs, streets, parking lots, roads, and the grounds of developed areas. Urban precipitation is not absorbed by the ground or retained in its surface, but collects and runs off, carrying a wide variety of pollutants such as oil-based contaminants, heavy metals (copper and lead), nutrients, and bacteria.

(c)

Application requirements. A stormwater management plan shall be included as a part of any application for zoning approval (including but not limited to special permit and special exception), coastal site plan review, or an inland wetlands permit where:

(1)

The application pertains to a development or construction disturbing one-half or more acres of total land area on a site; or

(2)

The application pertains to any site with one-half acre or more of existing and/or proposed impervious cover; or

(3)

The application proposes new residential development of three or more units; or

(4)

The application pertains to any new or expanding industrial or commercial use which increases the amount of on-site impervious surface by more than 500 square feet; or

(5)

The application pertains to any site within the coastal boundary as defined in section 22a-94 of the General Statutes; or

(6)

The commission which has jurisdiction over the application has required submission of a stormwater management plan pursuant to written findings by that commission that the activity proposed in the application has the potential to cause significant nonpoint source pollution to groundwater or surface water drinking supplies, or to Long Island Sound, or any other waters of the state.

If the commission which has jurisdiction determines that the activity proposed in an application may result in significant nonpoint source pollution to groundwater or surface water drinking supplies, or to Long Island Sound or any other waters of the state, it may refer the application, including the stormwater management plan, to the Commissioner of Environmental Protection for a determination as to whether a discharge permit under section 22a-130 of the General Statutes, or other state authorization, is required.

The commission which has jurisdiction over the application may, upon request, waive some or all of the requirements of this section if it makes a finding based on the proposed project that such requirements are not necessary to determine the impact of the proposed project on the surface or groundwater of the state.

(d)

Contents of stormwater management plan. Where a stormwater management plan is required, such plan shall provide, at a minimum, the following information:

(1)

Soil characteristics of the site.

(2)

Location of the closest surface water bodies and wetlands to the site, and the depth to any groundwater or aquifer areas on or adjacent to the site. In the case of tidal waters, provide the mean high water and high tide elevations.

(3)

DEP ground and surface water quality classification of waterbodies on and adjacent to the site.

(4)

Identification of any waterbodies on and adjacent to the site documented by DEP as not meeting water quality standards.

(5)

Location and description of all proposed stormwater control BMPs for both construction activities and post-construction, long-term stormwater control.

(6)

Proposed operation and maintenance manual and a schedule for maintaining any trash hoods, catch basins, or other BMP devices used to prevent runoff, facilitate sheet flow or infiltration, or treat stormwater.

(7)

Calculations of stormwater runoff rates, suspended solids removal rates, and soil infiltration rates before and after completion of the activity proposed in the application.

(8)

A hydrologic study of pre-development site conditions. Hydrology studies shall be conducted at a level of detail commensurate with the probable impact of the proposed activity and should extend downstream to the point where the proposed activity causes less than a five percent change in the peak flow rates.

(e)

Standards and criteria for decision. In order to approve any application for which a stormwater management plan is required, the commission shall find the stormwater management plan consistent with the following criteria:

(1)

Direct channeling of untreated surface water runoff into adjacent ground and surface waters shall be prohibited.

(2)

No net increase in the peak rate or total volume of stormwater runoff from the site, to the maximum extent possible, shall result from the proposed activity.

(3)

Design and planning for site development shall provide for minimal disturbance of pre-development natural hydrologic conditions, and shall reproduce such conditions after completion of the proposed activity, to the maximum extent feasible.

(4)

Pollutants shall be controlled at their source to the maximum extent feasible in order to contain and minimize contamination.

(5)

Stormwater management systems shall be designed and maintained to manage site runoff in order to reduce surface and groundwater pollution, prevent flooding, and control peak discharges and provide pollution treatment.

(6)

Stormwater management systems shall be designed to collect, retain, and treat the first inch of rain on-site, so as to trap floating material, oil, and litter.

(7)

On-site infiltration and on-site storage of stormwater shall be employed to the maximum extent feasible.

(8)

Post-development runoff rates and volumes shall not exceed pre-development rates and volumes for various storm events. Stormwater runoff rates and volumes shall be controlled by infiltration and on-site detention systems designed by a professional engineer licensed in the state of Connecticut except where detaining such flow will affect upstream flow rates under various storm conditions.

(9)

Stormwater treatment systems shall be employed where necessary to ensure that the average annual loadings of total suspended solids (TSS) following the completion of the proposed activity at the site are no greater than such loadings prior to the proposed activity. Alternatively, stormwater treatment systems shall remove 80 percent TSS from the site on an average annual basis.

(10)

Use of available BMPs to minimize or mitigate the volume, rate, and impact of stormwater to ground or surface waters.

(Ord. No. 1662, 9-19-11)

(a)

Purpose. To require useful and necessary outdoor lighting within the City that promotes energy efficiency; reduces Light Pollution, Light Trespass, Glare and other offensive light sources; protects and retains the visual character of the City and its neighborhoods; and reduces impacts to the residents' public health, safety, and welfare. The health, safety, and welfare of wildlife and the environment should be considered.

(b)

Applicability. The standards herein apply to all new and renovated Exterior Lighting. Renovations include changes in light type, mounting height, location, size, brightness, and number of light sources. Renovations do not include, without limitation, routine maintenance such as changing lamp or bulb, ballast, starter, photo control, housing, lenses, and other similar components, and are permitted, provided such renovations do not result in a higher lumen output. This Section also applies to lighting for Indirectly-Illuminated Signs, as defined in Section 60.3.

(c)

Lighting Plan, Defined. A Light Plan must include (a) a plan sheet identifying the location and height of all new, existing, proposed and renovated Exterior Lights (including but not limited to area, architectural, canopy, soffit, landscape, flag and Sign lights), type of fixture, type of light, and brightness (in lumens and/or footcandles, as appropriate), (b) manufacturer specifications or cut sheets for each lighting fixture, and (c) a photometric plan. A Light Plan is required as a part of any application for zoning approval (including but not limited to site plan, special permit, special exception and planned developments).

(d)

Design Standards. All Exterior Lighting must be designed, located, installed, and directed in the following manner unless otherwise exempt or prohibited:

(1)

In general, all exterior light sources must be directed downward. The lighting must also be, as much as physically possible, contained within the target area.

(2)

Parking Lot and Security Lighting. All outdoor light fixtures within a parking lot, vehicular circulation area, or pedestrian area must be of a Full Cutoff or Fully-Shielded type.

(3)

Architectural Lighting. Lighting for building facades and Indirectly Illuminated Signs is permitted subject to the following:

a.

Uplighting does not exceed 900 lumens.

b.

Upward aimed light is Fully-Shielded and fully-confined from projecting into the sky, eaves, roofs, or overhangs. The light must be fully confined within the vertical surface of the wall being illuminated.

(4)

Unshielded Lighting. Floodlighting is discouraged, and if used, must be shown that the type of fixture proposed is not objectionable because it (a) prevents Glare for drivers and pedestrians and light above a horizontal plane, and (b) mitigates light trespass beyond the property line. Unshielded, motion activated lighting will not be triggered off the property on which the fixture is located and must go off within five minutes of activation. Unshielded lighting creating Glare or Light Trespass is required to be re-aimed and/or fitted with a shield device to block the Glare.

(5)

Lighting Curfew. On all parking fields, including surface lots, parking decks and top levels of parking garages which contain a minimum of four light poles, the lighting must be reduced by at least 50 percent of full operational levels within 30 minutes after the close of business. Because certain minimum lighting levels are recommended for safety and security, parking field lighting does not need to be reduced to less than an average .2 footcandles as measured horizontally at the surface on which the light pole is mounted in accordance with Illuminating Engineer Society (IES) Standards

(6)

Height. Exterior Lighting must not exceed 20 feet in height from the point on the ground directly below the fixture to the highest point on the fixture. Lighting mounted higher than 20 feet may be permitted through the site plan review process, either by Staff or the Commission, as applicable, depending on the site conditions.

(7)

Maximum Light Levels at the Property Line.

a.

The maximum light level at any point on the property line cannot exceed: .1 footcandles within or adjacent to a property with a residential use or .2 footcandles when adjacent to properties with other uses. Where the adjacent property is a residential use or mixed-use and the first floor is not residential, the maximum light levels at the property line cannot exceed .2 footcandles.

b.

Color. Because blue light brightens the night sky more than any other color of light, lighting must have a color temperature of no more than 3000 Kelvins. Exterior Lighting that has warmer light spectrums are preferred.

c.

The Staff or the Commission, as applicable, may determine that certain light fixtures are exempt from these requirements of this Section because they do not adversely affect an adjacent property owner or the night sky or because they are necessary for the functioning of the use.

(e)

Exempt Lighting. The following Exterior Lighting is exempt from the provisions of this Section:

(1)

Lighting required by the Federal Aviation Authority;

(2)

Temporary lighting associated with an event authorized by the City of New Haven with duration of less than 15 days;

(3)

Temporary traditional seasonal lighting;

(4)

Temporary lighting used for emergency purposes by the New Haven Police Department or New Haven Fire Department;

(5)

National, state and municipal flag lighting;

(6)

Monument lighting;

(7)

Sport stadium and athletic field lighting, not including tennis court, basketball court and similar court games not located in a stadium, provided stadium and athletic field lighting applications must submit a photometric plan demonstrating compliance with Maximum Light Levels at the Property Line. Scoreboards are governed by subsection 60.3(j) pertaining to Outdoor Sports Lighting;

(8)

Lighting required by building code.

(f)

Definitions pertaining to Exterior Lighting.

(1)

EXTERIOR LIGHTING: Fixed artificial lighting to illuminate outdoor areas

(2)

FULL CUTOFF or FULLY-SHIELDED: A light fixture designed to control the view of direct light, in which the light source is enclosed, and hidden from view on all sides except the light-emitting opening.

(3)

GLARE: Excessive brightness that interferes with vision. Glare interferes with pedestrians' and drivers' ability to safely navigate and poses a public health and safety concern. Glare from Exterior Lighting at the time of the passage of this ordinance must come into conformance with the operational requirements for lighting under this Section.

(4)

LIGHT POLLUTION: That portion of artificial lighting which is directed or cast outward or upward and does not illuminate the ground or structure for which the lighting was designed or intended but rather aims into the sky, adjoining properties, public rights-of-way, and other areas in a way that impacts others' enjoyment of their personal property, public spaces and dark sky.

(5)

LIGHT TRESPASS: Light pollution affecting adjoining or nearby property.

(6)

UPLIGHT or UPLIGHTING: Illumination from a light fixture aimed generally upward (including at angles upward) rather than illumination from above.

(Ord. No. 1662, 9-19-11; Ord. No. 1870, 9-3-19)

(a)

Purpose. The purpose of this section is to reduce the amount of heat reflected by hardscape or paved surfaces, reduce the temperature difference between developed and undeveloped areas and minimize the impact from such differences.

(b)

Reduction in reflected heat. An applicant shall be required to satisfy the conditions of this section where:

(1)

The application pertains to any site with one-half acre or more of impervious cover;

(2)

The application proposes new residential development of three or more units; or

(3)

The application pertains to any new industrial or commercial use or expansion of an existing industrial or commercial use which expands the amount of impervious surface by more than 500 square feet.

(c)

Standards.

(1)

Applicants shall provide that at least 50 percent of all on site non-roof hardscape or paved areas will be either (1) shaded (based on a five year grow out period for all planned and existing vegetation) or (2) be constructed using a material with a Solar Reflective Index of at least 29 and calculated consistent with ASTM E 408 or ASTM C 1371 and ASTM E 903, ASTM E 1918 or ASTM C 1549.

(2)

Shade coverage shall be the average value based on shading calculated for 10:00 a.m., 12:00 p.m. and 3:00 p.m. on the summer solstice.

(3)

The requirements of this section may be waived by the commission with jurisdiction based on a showing that the applicant cannot achieve the 50 percent level using reasonable methods but has otherwise maximized the percentage achieved and provided that the applicant cannot reach the equivalent level of reduction using high SRI value material on flat roof surfaces.

(Ord. No. 1662, 9-19-11)

(a)

Purpose. To promote appropriate and attractive signage that protects public health, safety and welfare; reduces traffic and pedestrian hazards; promotes economic development; protects property values; provides adequate wayfinding for multimodal transportation; preserves neighborhood aesthetics; and furthers the general purpose of the zoning ordinance.

(b)

Applicability. The standards herein apply to all signs in the following situations:

(1)

New and renovated signage. Renovations include, without limitation, changes to mounting height, location, size, and quantity and conversion to digital or lit displays. Renovations do not include routine maintenance such as cleaning, substantially similar replacement, or changing or replacing of like-kind lighting components that do not result in a greater lumen output.

(2)

A change of use.

(3)

Signage associated with applications otherwise subject to site plan approval under Section 64(f) of the zoning ordinance.

(4)

No vested right is ever created in existing electronic signage such that if the ordinance governing operational aspects of such signage (e.g. dwell time, transitions, illumination, brightness) are modified, then sign owners and operators are required to bring signs into compliance.

(5)

Any sign authorized in this ordinance can contain non-commercial copy in lieu of other copy.

(c)

Illumination. A sign may be illuminated if illumination is confined to or directed toward the surface of the signs. There will be no flashing, shimmering or glittering lights located on or adjacent to such sign. Signs may be directly lit or indirectly lit. In no event will glare be visible on adjacent properties or public areas. The illumination of any sign, Directly-Illuminated Sign or Indirectly-Illuminated Sign, cannot exceed 250 nits at the sign face during the day and 125 nits between dusk and dawn, with no greater than .1 footcandles of light trespass onto adjacent property. For Directly-Illuminated Signs, including back-lit signs, to reduce light trespass from the translucent sign surface, the sign must consist of a dark colored background with light-colored lettering, logos, or symbols. Illumination of Dynamic Displays must comply with the provisions of subsection 60.3(i). Indirectly-Illuminated Signs must comply with the provisions of Section 60.1.

(d)

Reserved.

(e)

Permitted Sign Types by Zoning District.

Table 60.3.5 Summary of Permitted Sign Types by Zoning District

Note: Off-Premises Signs are permitted in accordance with subsection 60.3(h).

(f)

On-Premises Signs in Residential Zoning Districts.

(1)

Size. On-Premises Signs in Residential Zoning Districts cannot exceed six square feet except for those signs associated with establishments providing goods or services under Section 31 of this ordinance or providing accessory retail goods or services in an RH-2 District, which signs are not to exceed six square feet or ten percent of the area of the ground floor wall surface on which such sign is located, including window and door area, whichever is greater.

(2)

Number. One sign is permitted per lot, except if it is a one-, two-, or three-dwelling unit lot, then no sign is permitted. Two signs are permitted for corner lots.

(3)

Illumination. Signs may be non-illuminated signs, Indirectly-Illuminated Signs, or Directly-Illuminated Signs, except in the RS-1 and RS-2 zoning districts where Directly-Illuminated Signs are not permitted. Indirectly-Illuminated Signs must comply with Section 60.1 of the ordinance.

(4)

Additional Requirements. Signs in Residential Districts must meet the following design and location requirements:

a.

No sign can be located above the ground floor of any building or more than 20 feet high, whichever is less. The maximum height of Signs will be measured from grade below the sign, except for pole-mounted signs, which will be calculated from the grade of the curb at the closest point to the pole-mounted sign to the top of the sign.

b.

No Pole Sign can be can be located closer to the street than one-half of the front yard required in that zoning district. Where the front yard is non-conforming, this calculation is based off the required front yard. Where it is infeasible to comply with this provision, a special exception may be requested at the Board of Zoning Appeals to request a feasible, appropriate alternative distance from the street.

c.

Where the public entrance is not on the front façade, the Staff, the Commission, or the Board of Zoning Appeals, as applicable, may permit a secondary entrance sign of a permitted type, no more than three square feet in area.

(5)

Notwithstanding the other provisions of this Section, signs for churches, schools, or other public or semi-public institutions and civic bodies must be located at least 10 feet inside any lot line and not to exceed 20 square feet in area. These uses fronting on two or more streets are entitled to a sign on each street.

(6)

Directional signage required by building code or the Department of Transportation, Traffic and Parking is exempt.

(g)

On-Premises Signs in Business, Downtown, and Industrial Districts.

(1)

Size.

a.

The total area for all on-premise Signs cannot exceed:

b.

If such establishment is operating without a building, or in a building covering less than 100 square feet of lot area, the maximum total area of on-premise signs is one square foot per linear foot of street frontage.

c.

If such building fronts on two or more streets, the sign area is calculated based on the linear length one the longest building wall fronting on a street.

d.

If such establishment does not occupy any floor area on the ground level of the building (other than an entryway), the maximum area of On-Premise Signs is one square foot per linear foot of the front building wall.

e.

Window Signs on the inside or outside of windows are excluded from the computation, unless the area of the Window Sign is equal to or greater than 50 percent of the area of the window it occupies. De minimus signage displaying the hours of operation, and whether open or closed, does not count toward the computation. Window signs may be Directly-Illuminated Signs. No more than 20 percent of continuous windows may be covered with signs.

f.

Wall Signs must be mounted against the building wall or within five feet of the building wall, and notwithstanding the other provisions of this Section, may not exceed one-third the area of the wall (including windows and doors) on which it is located. Wall signs may not extend past the edge of any wall.

(2)

Number. Each lot may have up to three signs, or one sign per business on the lot, whichever is greater. The area of all signs on the lot must not exceed the total area permitted in subsection (g)(1), above. Lots may have a mix of sign types as permitted in subsection 60.3(e). However, a lot may never have more than one Pole Sign or electronic sign and never both. The Board of Zoning Appeals may grant a Special Exception for more than one Pole Sign or electronic sign or both on a single lot in its discretion if the proposed signs do not conflict with the purpose of this Section.

(3)

Illumination. Signs may be non-illuminated signs, Indirectly-Illuminated Signs, or Directly-Illuminated Signs. Illuminated Signs must comply with the relevant provisions of this section. Indirectly Illuminated Signs must comply with Section 60.1 of the ordinance.

(4)

Additional Requirements.

a.

The maximum height of signs will be measured from average grade directly below the sign, except for pole-mounted signs, which will be calculated from the grade of the curb at the closest point to the pole-mounted sign to the top of the sign.

b.

Where the public entrance is not on the front façade, the Staff, the Commission, or the Board of Zoning Appeals, as applicable, may permit a secondary entrance sign of a permitted type, no more than three square feet in area.

c.

Directional signage required by building code of the Department of Transportation, Traffic and Parking is exempt.

(h)

Off-Premises Signs.

(1)

Off-Premises Sign Development Standards.

¹ Minimum Linear Spacing in feet between Off-Premises Signs on the same side of a limited access highway within the Bulletin and Spectacular Sign Zoning Map Overlay District only.

² Within the Bulletin and Spectacular Sign Zoning Map Overlay District.

(2)

Locations Prohibited for Off-Premises Signs.

a.

Within any Residence District (RS-1, RS-2, RM-1, RM-2, RH-1, RH-2, RO) or the BA-1, BC, BD, BD-1, or BD-3 Business Districts;

b.

On the roof of any building more than two stories in height, whether the building is in use or not;

c.

Directly painted on a wall of any building unless otherwise approved by Special Permit;

d.

On or over a public right-of-way or public property;

e.

In or within 250 feet of any PARK district;

f.

In or within 250 feet of any National Register Historic District or local historic district;

g.

Within 1,500 feet of another off-premises sign, measured from the closest points between such signs on the same side of a limited access highway oriented to the same travel direction;

h.

State Route 15 (SR-15);

i.

Interstate 95 (I-95) from Howard Avenue easterly to Water Street; or

j.

Interstate 91 (I-91) northbound side from Quinnipiac River to Foxon Boulevard (SR-80).

(3)

Height Restrictions. The maximum height of a sign is 30 feet. The permitted maximum height is calculated from the closest curb of the local street or limited access highway to which the Off-Premises Sign is oriented, to the top of the sign.

(4)

Design Restrictions. Off-Premises Signs cannot contain any of the following:

a.

Moving parts; or

b.

Appendages, cut-out letters of figures that exceed 20 percent of the permitted off premises sign area or that protrude more than 12 inches beyond the flat surface of the sign face; or

c.

Lights that flash, shimmer, glitter or lights that give the appearance of flashing, shimmering or glittering. Exceptions to this restriction include time, temperature and smog index units, provided the frequency of change is more than a five-second interval; or

d.

Walls or screens at the base of the off premises sign which create a hazard to public safety or provide an attractive nuisance; or

e.

Devices which emit audible sound, odor or particulate matter.

(5)

Performance Standards.

a.

Maintenance. All Off-Premises Signs and components thereof must be maintained in good repair and in a safe, neat and clean condition.

b.

Unsafe Off-Premises Signs. The Building Official may cause to have removed or repaired immediately without written notice any off premises sign which, in his or her opinion, has become insecure, in danger of falling, or otherwise unsafe, and as such, presents an immediate threat to public safety. If such action is necessary to render an Off-Premises Sign safe, the owner or lessee bears the cost of emergency removal or repair.

c.

Abandoned Off-Premises Signs. Any Off-Premises Sign located on property which becomes vacant and is unoccupied for a period of two years or more is deemed abandoned. Owner or lessee of the property on which the Off-Premises Sign is located must remove it. If the owner or lessee fails to remove the Off-Premises Sign, the Zoning Enforcement Officer will give the property owner or lessee written notice to remove it within 15 days. Upon failure to comply with this notice, the zoning enforcement officer may initiate such action as may be necessary to gain compliance with the provisions herein.

d.

Lighting. All external lighting must be directed onto the display surface only. Glare may not shine onto adjacent properties or public areas. All service wiring in excess of 250 feet length for Off-Premises Signs must be underground.

e.

Clearance. Off-Premises Signs projecting over a driveway or driving aisle must have a minimum clearance of 16 feet between the lowest point of the off premises sign and driveway grade and over a pedestrian walkway a minimum clearance of eight feet six inches between the lowest point of the off premises sign and the walkway grade.

(i)

Dynamic Displays.

(1)

Definition. A sign or portion thereof that displays electronic, static images, static graphics, text information, or static pictures, with or without information, defined by a small number of matrix elements using combinations of light emitting diodes (LED), fiber optics, light bulbs, liquid crystal display (LCD) or other illumination devices within the display area. Dynamic Displays include computer programmable, microprocessor controlled electronic or digital displays.

(2)

Applicability. Any sign with a dynamic display that is visible from the public right-of-way is subject to this subsection of the ordinance. It also applies to Digital Menu Boards.

(3)

Size, Height.

a.

Dynamic Display On-Premises Signs cannot be larger than 50 square feet. The area of the Dynamic Display counts toward the overall total allowable sign area permitted. The height of Dynamic Display On-Premises Signs must comply with the provisions of subsections 60.3(f) and 60.3(g).

b.

Dynamic Display Off-Premises Signs must comply with the size and height requirements of section 60.3(h).

(4)

Location.

a.

Dynamic Displays are permitted in accordance with Table 60.3.5.

b.

On-Premises Signs and Off-Premises Signs of the types in Table 60.3.5 may be Dynamic Displays.

c.

The Location of Dynamic Displays must comply with the location requirements for the type of sign (e.g., Pole Sign, Wall Sign, etc.) otherwise set forth in this ordinance.

d.

A Dynamic Display may not be within 500 feet of another Dynamic Display facing the same traveled way.

(5)

Performance Requirements. All Dynamic Displays must comply with the following standards:

a.

The maximum brightness may not exceed 5,000 nits during the day and may not exceed 250 nits between dusk and dawn.

b.

All Dynamic Displays abutting a residential zone or use may not emit more than .1 footcandles above ambient light levels at the property line or zone boundary.

c.

The Sign content must have a minimum dwell time of ten seconds and may not contain any movement, animation, audio, video, pyrotechnics, or other special effects.

d.

Transitions must occur in one second or less and involve no animation or special effects.

e.

The city, through appropriate personnel, may exercise its police powers to protect public health, safety, and welfare by requiring emergency information to be displayed via Dynamic Displays. Upon notification, the sign operators will display in appropriate sign rotations: Amber Alerts, emergency information, and traffic information and anything else pertaining to health, safety and welfare in the judgment of the City. Emergency information messages are to remain in rotation according to the designated issuing agencies protocols.

f.

If Dynamic Displays are not operating in accordance with these standards, the display must be adjusted. Failure to adjust may result in other enforcement actions by the City.

(5)

Operational Requirements. Before the issuance of a permit, the applicant should provide written certification from the manufacturer, operator, or other qualified professional as to the functionality of the sign as part of an application for a Special Permit, stating that the Dynamic Display is equipped with the following standards.

a.

Two brightness levels must be provided and adjusted for day and night conditions.

b.

A digital sign must be turned off to render a blank dark screen or freeze the display in the event of a malfunction.

c.

All digital signs must employ only non-flickering lights.

(j)

Outdoor sports lighting.

(1)

Applicability. The standards herein apply to all new and renovated outdoor sports arena/stadium and court lighting. Renovations include, without limitation, changes in light type, mounting height, location, size, brightness, and number of light sources. Renovations also include conversions from unlit scoreboards to Indirectly-Illuminated Signs, Directly-Illuminated Signs and Dynamic Scoreboards. Renovations do not include routine maintenance such as changing lamp or bulb, ballast, starter, photo control, housing, lenses, and other similar components, and are permitted, provided such renovations do not result in a high lumen output. This Section also applies to lighting for Indirectly Illuminated Signs.

(2)

Size. Scoreboards can be no greater than 1,200 square feet.

(3)

Height. Scoreboards can be mounted no higher than 20 feet from the highest point of the stadium, or in the case of the court, 20 feet higher than grade.

(4)

Scoreboard Illumination. Scoreboards may be illuminated based on the provisions of this Section. Dynamic Scoreboards must comply with Performance and Operational Requirements for Dynamic Displays. Dynamic Scoreboards are exempt from Lighting Curfew, animation prohibitions, and other lighting reduction requirements.

(5)

Lighting used for outdoor sports fields and outdoor playing courts must be, to the greatest extent possible, contained to the field/court area.

(6)

All sports field/court lighting may be turned on no earlier than one hour before a sporting event and turned off after use, or no later than one hour after the end of a sporting event.

(7)

A Lighting Plan, as defined in Section 60.1, is required for proposed outdoor sports lighting and scoreboards.

(k)

Variances. In any case where special circumstances concerning the character, arrangement or location of structures warrant a modification of the standards of this section regarding size, placement or height of signs, the Board of Zoning Appeals shall have the power to permit such modification by variance under § 63(c) of this ordinance, if the same has met the standards enumerated below.

(1)

The variance is necessary to achieve visibility due to specific physical constraints of the site or surrounding area.

(2)

The sign or signs is keeping with the scale and massing of nearby structures and/or geographic features.

(3)

The sign or signs will not require substantial alteration of the existing tree canopy to achieve clear view of the sign or signs.

(4)

The sign or signs will not have a negative effect on views or vistas from or of Downtown, Long Wharf, East Rock, West Rock, New Haven Harbor, or the upper Quinnipiac River (Oyster Village).

(5)

The sign or signs are necessary to promote the safety of drivers or pedestrians and the granting of the variance will not otherwise negatively impact safety.

(l)

Law Governing Conflicts. Where any provision of federal, state, or municipal law or ordinance conflict with any provision of this Section, the most restrictive governs unless otherwise required by law.

(m)

Definitions.

AREA OF SIGN. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all such faces are included in determining the sign area.

AWNING SIGN. A sign that is mounted, painted or otherwise affixed or attached to an awning. Area of the sign is calculated by drawing the smallest possible square or rectangle around the copy as described in the definition of Area of Sign.

BLADE SIGN. Also known as a Projecting Sign. A sign attached to and projecting out from a building face or wall, generally at right angles to the building, including signs that project into the right-of-way.

CANOPY-MOUNTED SIGN. A sign with individual alphanumeric characters and/or graphic elements mounted on top of a permanent canopy.

DIGITAL MENU BOARD. Exterior Menu Signs associated with drive-thru establishments, whether or not operated via touch screen. Digital Menu Boards must comply with Dynamic Display provisions of this ordinance.

DIRECTLY-ILLUMINATED SIGN. A sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign including, but not limited to, neon and exposed lamp signs.

DYNAMIC DISPLAY. See Section 6.3(i)(1).

DYNAMIC SCOREBOARD. A scoreboard otherwise meeting the definition of a Dynamic Display in Section 6.3.(i)(1).

INDIRECTLY-ILLUMINATED SIGN. A sign illuminated with a light exterior to its surface and so shielded that the rays illuminate the sign.

MINI PANEL. Signs posted on street furniture, bus shelters, and benches that are part of the city-wide system.

MONUMENT SIGN. A freestanding sign on a permanent decorative or architectural base, typically constructed in a front yard or on a corner lot. Monument Signs have a maximum height of five feet and must not block any site lines.

POLE SIGN. A free-standing sign attached to the ground by means of one or more poles.

POSTER SIGN. See Temporary Sign.

PROJECTING MARQUEE SIGN. A sign with manually changeable copy or, where permitted Dynamic Display, and one (curved) to three faces. All faces will count toward the allowable area of the sign.

MINI PANEL SIGN. An Off-Premises Sign oriented to a local street, typically located on street furniture such as bus shelters or benches that are part of the city-wide system.

ROOF SIGN. A sign consisting of individual alphanumeric characters, graphic elements or other copy, erected on the roof of a building and projecting above the highest point of the roof line or parapet of the building. It is typically situated parallel to the adjacent street and does not project beyond the front facade of the building.

OFF-PREMISES SIGN. Signs containing copy that is not related to the use of the premises on which it is located, oriented to a limited access highway, either Directly Illuminated or Indirectly Illuminated.

ON-PREMISES SIGN. Signs containing copy related to the use of the premises on which it is located.

TEMPORARY SIGN. A sign not permanently affixed or attached to the ground or a structure for a period of less than 40 days, which can be removed without special handling.

WALL SIGN. Also known as Belt Sign or Band Sign. A sign that is mounted directly to the building face to which the sign is parallel.

WINDOW SIGN. A sign posted, painted, placed or affixed in or on a window for public viewing.

(Ord. No. 1871, 9-3-19; Ord. No. 1872, 9-3-19)