(a)

In all zoning districts, any use indicated in the permitted use list shall conform in operation, location, and construction to the performance standards as administered by County, State, or Federal agencies. All uses, including those which may be allowed by PD or SUP, shall conform in operation, location, and construction to appropriate performance standards for noise, smoke, and particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter, vibration, and glare.

(a)

All Federal and State pollution, noise, and requirements for toxic waste disposal shall be observed.

(a)

General purpose and description:

(i)

The purpose and intent of this section to establish regulations and standards that will reduce light pollution generated by residential and nonresidential lighting fixtures and devices by creating standards for controlling lighting and glare that are set forth to reduce the annoyance and inconvenience to property owners, their tenants and occupants, and traffic hazards to motorists and the general public. These standards are intended to allow reasonable enjoyment of adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting of parking areas.

(b)

Definitions:

(i)

For the purposes of this Section, the following definitions apply:

1)

Administrator means the City Manager and/or the City Manager's designee.

2)

Cutoff fixture means a light fixture distribution where no more than two and one-half (2.5) percent of a lamp's light intensity is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than ten (10) percent of the lamp's light intensity is emitted at an angle ten (10) degrees below such horizontal plan at all lateral angels around the fixture. Cutoff fixtures shall be fully shielded.

3)

Fixture means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or polo socket, lamp holder, ballast, reflector, or mirror, and a refractor or lens.

4)

Flood lamp means a form of lighting designed as outdoor lighting to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturer.

5)

Foot-candle means a unit of light measurement equal to one (1) lumen per square foot.

6)

Glare means the brightness of a light source that causes annoyance, discomfort, or loss in visual performance and visibility to the eye.

7)

Light trespass means unwanted light emitted by a lighting installation that shines beyond the boundaries of the property on which the installation is sited.

8)

Lumen means a unit of measurement of light. One (1) lumen equals one (1) foot-candle falling onto one (1) square foot of area.

9)

Luminaire means a lighting fixture complete with the light source or lamp, the reflector for directing the light, an aperture (with or without a lens), the outer shell or housing for lamp alignment and protection, an electrical ballast if required, and connection to a power source.

10)

Nuisance glare means glare that a) creates an annoyance or aggravation but does not create a potentially hazardous situation, or b) creates an annoyance or aggravation that impairs or impedes a person's right of quiet enjoyment of his/her property. It shall not be necessary for a violation to be the result of intentional acts of the property owner to create the nuisance glare.

11)

Photometric plan means a gridded layout that shows the measurement of light throughout the property. The plan shows how a lighting system will look at the project site, and show the spread, uniformity, and foot-candles of lighting.

12)

Spillover light means artificial light that falls outside of the intended area to be lighted.

13)

Watt means a standard unit of power (energy per unit time), the equivalent of one joule per second.

(c)

Nonresidential site lighting and glare standards:

(i)

For all proposed new nonresidential construction or commercial additions to existing facilities, all new outdoor lighting fixtures, including but not limited to replacement light fixtures, shall meet the requirements of this Section

(ii)

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25-foot candles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential properties.

(iii)

All off-street parking areas for nonresidential uses in nonresidential districts that are used after dark shall be illuminated beginning one-half (½) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting shall be directed or shielded in such a manner as to not interfere in any form or fashion with traffic movement on adjacent streets or other areas where vehicles commonly operate. Lighting within the parking areas shall meet the following minimum requirements:

(iv)

Intensity:

1)

Minimum at any point on the parking area surface to be at least 0.6-foot candles initial, and at least 0.3-foot candles maintained or one-third (⅓) of the average, whichever is greater.

2)

Illumination shall not exceed an average of one (1) foot candle at ground level and shall distribute not more than 0.25-foot candles of light upon any adjacent residentially zoned area.

(v)

Exterior Lighting Plan:

1)

Lighting plan.

a)

Contact information including name of applicant, address, and telephone number;

b)

Proposed uses of outdoor lights involved;

c)

Types of lamps used, including manufacturers' part number;

d)

Type of light fixtures used, including manufacturers' model number and specifications;

e)

Initial lumens of lamp or lamps and associated maximum light loss factors;

f)

Minimum illuminance, maximum illuminance, and average maintained illuminance for the site;

g)

Illuminance levels at each property line;

h)

Aiming and shielding instructions for floodlighting or spotlighting;

i)

The location of all buildings, parking spaces, parking aisles, walkways, landscape beds, flags, or statues, and if applicable, any areas dedicated to the outdoor storage or display on the lot or parcel; and

j)

Types of each light fixtures, keyed to a light fixture schedule and pictures, and cutsheets or line drawings of the proposed light fixtures.

2)

Light Fixture Schedule indicates fixture type keyed to the plan, the quantities and types of lamps to be used in each fixture along with the rated lumen output of the lamps, the shielding category in which the light fixtures belong (unshielded, shielded, fully shielded, or full cut-off), and a description of the fixtures.

3)

Cutsheets indicate photometric distribution data stated in iso foot candle diagrams within the lighting plan.

4)

Photometric Plan showing the initial horizontal illuminance (maintenance factor = 1.0) calculated at grade using a grid of points no more than ten (10) feet apart and covering the entire site (excluding buildings) and extending a minimum of twenty (20) feet beyond the lot or parcel property line. The maximum and minimum illuminance values within each specific use area shall be clearly distinguished. Photometric plans for sites with existing pole-mounted lighting within fifty (50) feet of the property line shall include this existing lighting in the calculation. When photometric data for the existing fixtures is not available, photometry for a similar fixture may be used. The fixture(s) used to represent existing lighting shall be included on the lighting fixture schedule and designated as "existing."

(vi)

Height:

1)

On tracts or lots over three (3) acres in size, the maximum height for light sources is thirty (30) feet.

2)

On tracts or lots less than three (3) acres, the maximum height for light sources is twenty (20) feet.

3)

Special lighting or lighting higher than thirty (30) feet may be approved by the Administrator, as specifically noted on a site plan.

(vii)

This section does not include lighted signs. Refer to Appendix A, Article V, Section 5.08 for Sign Regulations.

(d)

Residential lighting and glare standards:

(i)

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

1)

Direct lighting over ten (10) feet in height shall be shielded from adjacent property(ies).

2)

No light source shall exceed twenty (20) feet in height. Street lights and other traffic safety lighting are exempt from this standard.

3)

Lighting shall not directly shine on adjacent dwellings which creates a nuisance.

4)

A nuisance created by light:

a)

Which, if measured at the property line adjacent to a residentially-zoned property or adjacent to a property used for residential purposes, is in excess of 0.25 of one-foot candle;

(ii)

Intensity:

1)

Illumination shall not exceed an average of one (1) foot candle at ground level and shall distribute not more than 0.25-foot candles of light.

(e)

Luminaires: Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires, installed and maintained to reduce glare effect and consequent interference with the use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts are prohibited except for temporary lighting, as provided in 6.03(h).

(f)

Measurement:

(i)

Metering equipment: Lighting levels shall be measured in foot-candles with a direct-reading, portable.

(ii)

Method of foot-candle measurement: The meter sensor shall not be more than six (6) inches above ground level in a horizontal position or six (6) feet in a vertical position. The reading shall be taken only after the cell has been exposed long enough to provide a constant reading.

(g)

Prohibited Lighting:

(i)

A person commits an offense if the person has or places outdoor lighting on a property that involves or utilizes the following:

1)

Any light source above 315 lumens that is not aimed to prevent light trespass or glare beyond the property boundary;

2)

Any lighting source above 315 lumens unless it is shielded sufficiently such that the luminous elements (lamp, reflective surfaces or lens cover) of the fixture are not visible from any other property;

3)

The operation of searchlights, strobes, or pulsating lights;

4)

The use of low-pressure sodium bulbs as a light source;

5)

An unshielded lighting source or drop lens above 315 lumens;

6)

Any light or combination of lighting that creates a nuisance or

7)

Any lighting installed to illuminate an unimproved surface or private outdoor recreational activities that exceed requirements defined as a residential outdoor lighting nuisance.

(ii)

A foot-candle reading as performed in accordance with Section 6.03(f) and found to be in excess of those amounts defined as a residential outdoor lighting nuisance glare shall be prima facie evidence of violation of this chapter.

(h)

Exemptions:

(i)

The following shall be exempt from the requirements of this section:

1)

All temporary emergency lighting needed by the police or fire departments or other emergency services, as well as all vehicular luminaires.

2)

All hazard-warning luminaires required by federal regulatory agencies, provided that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task

3)

Other municipal or state lighting installed for the benefit of public health, safety, and welfare.

4)

All fixtures installed by public agencies, their agents, or contractors to illuminate public streets; provided, however, that compliance with this section is nevertheless encouraged to the extent feasible.

5)

Luminaires used to illuminate the flag of the United States of America or of the state.

(i)

Violations, legal actions and penalties:

(i)

Property owners who install lighting fixtures after the effective date of the ordinance from which this section is derived and are found to be noncompliant shall receive written notification and will be given ninety (90) calendar days from the date of such written notification to bring the lighting system into compliance.

1)

Violation. It shall be a civil infraction for any person to violate any of the provisions of this section. Each and every day during which the violation continues shall constitute a separate offense.

2)

Legal actions. If, after investigation, the code enforcement officer finds that any provision of the section is being violated, notice shall be given by hand delivery or by certified mail, return-receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that violation be abated within ninety (90) days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within the 90-day period, the code enforcement officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain, or abate any violations of this section and to collect the penalties for such violations.

3)

Penalties. A violation of this section or any provision hereof shall be punishable by a fine of not more than two thousand dollars ($2,000.00) for each offense. Each day of violation after the expiration of the 90-day period provided in subsection (2) of this section shall constitute a separate offense for the purpose of calculating the civil penalty.

(Ord. No. 3416, § 2(Exh. A), 10-16-23)