West Haven City Zoning Code
OUTDOOR LIGHTING
§ 157.775 PURPOSE AND INTENT.
The purpose of this subchapter is to provide regulations for outdoor lighting that will:
(A) Permit the use of outdoor lighting for nighttime safety, utility, security, productivity, enjoyment, and commerce;
(B) Minimize adverse off-site impacts of lighting, such as light trespass and obtrusive light;
(C) Curtail light pollution, reduce sky glow, and improve the nighttime environment for astronomy;
(D) Help protect the natural environment from the adverse effects of night lighting from gas or electric sources; and
(E) Conserve energy and resources to the greatest extent possible.
(Prior Code, § 57.010) (Ord. 34-2021, passed 11-3-2021)
§ 157.776 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
COMMERCIAL. Any property zoned Commercial or Manufacturing by the city.
EMERGENCY CONDITIONS. Generally, lighting only energized during an emergency; lighting fed from a backup power source; or lighting for illuminating the path of egress solely during a fire or other emergency; or, lighting for security purposes used solely during an alarm.
FULLY SHIELDED. A fixture constructed and installed in such a manner that all light emitted by the fixture, either directly, or indirectly, by reflection or refraction from any part of the lighting, is projected below the horizontal plane through the fixture’s lowest light-emitting part.
GLARE. Lighting entering the eye directly from fixtures or indirectly from reflective surfaces that causes reduced visibility.
GREENBELT. An area of open land around a city on which building is restricted.
HOLIDAY OR FESTIVE LIGHTING. Temporary or permanent lighting installed and operated in connection with holidays or traditions (for example, LED lighting systems, LED miniatures, or C-7 or C-9 bulbs). Floodlights for the purpose of illuminating a display that does not trespass on adjoining properties.
LAMP. A generic term for a source of optical radiation (for example, light), often called a BULB or TUBE. Examples include incandescent, fluorescent, or high-intensity discharge (HID) lamps and low-pressure sodium (LPS) lamps, and light-emitting diode (LED) modules and arrays.
LANDSCAPE LIGHTING. Lighting of trees, shrubs, or other plant material and ponds, and other landscape features.
LIGHT POLLUTION. Any adverse effect of artificial light including, but not limited to, glare, light trespass, sky glow, compromised safety and security, and impacts on the nocturnal environment.
LIGHT TRESPASS. Light that falls upon any adjacent property(s).
LIGHTING. Electric or human-made, or artificial, lighting.
LUMEN. The unit of measurement used to quantify light produced by a lamp (bulb) or emitted from a lighting (as distinct from “watt,” a measure of power consumption).
MOUNTING HEIGHT. The height of the photometric center of a lighting above grade level.
NEW USE. In Commercial Zones, a NEW USE shall be a change in the business occupying the primary structure or the issuance of a conditional use permit on the property. In Residential and Agricultural Zones, a NEW USE is the issuance of a home occupation license or conditional use permit on the property.
NONCONFORMING LIGHTING. Lighting legally installed before the date of enactment of this subchapter but not conforming to the provisions of this subchapter.
OUTDOOR LIGHTING. Lighting equipment installed within the property line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting-control equipment.
PARTLY SHIELDED. A fixture with an opaque top and translucent or perforated sides designed to emit most light downward.
SHIELDED DIRECTIONAL FIXTURE. A fixture that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.
SIGN. Advertising, directional, or other outdoor promotional display of art, words, and/or pictures.
SKY GLOW. The brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. SKY GLOW is caused by light directed or reflected upwards or sideways, and reduces one’s ability to view the night sky.
TEMPORARY LIGHTING. Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.
TRANSLUCENT. Allowing light to pass through, diffusing it so objects beyond cannot be seen clearly (not transparent or clear).
UNSHIELDED. A fixture capable of emitting light in any direction, including downwards, or does not include a shield, louver, or baffle to reduce direct view of the lamp.
(Prior Code, § 57.020) (Ord. 34-2021, passed 11-3-2021)
§ 157.777 GENERAL REQUIREMENTS.
(A) Applicability. Except as described below, all new outdoor lighting installed after the date of effect of this subchapter shall comply with these requirements. The following are not regulated by this subchapter:
(1) Lighting within the public rights-of-way or easement for the principal purpose of illuminating state- or federally-controlled highways;
(2) Lighting for public monuments, statuary, and flagpoles;
(3) Lighting solely for signs;
(4) Temporary lighting for theatrical, television, performance areas, and construction sites;
(5) Low-output light source that is equal to, or less than, 800 lumens or 60 watts (see lumen conversion chart in § 157.785);
(6) Underwater lighting in swimming pools and other water features;
(7) Lighting only used under emergency conditions; for example, mobile lighting;
(8) Lighting specified or identified in a specific use permit;
(9) Temporary lighting for civic events at any time;
(10) Lighting required for the safe takeoff and landing of aircraft;
(11) Agricultural lighting (lighting for greenbelt agricultural use);
(12) Holiday or festive outdoor lighting for residential uses; provided that the lighting does not create a hazard or glare nuisance; and
(13) Motion sensor-controlled light sources with, or without, an integrated camera system; a motion-controlled artificial light source; provided it complies with the following:
(a) The motion sensor is set to turn the artificial light source off five minutes after the last detection of motion;
(b) Lighting shall not be triggered by any activity outside the property boundary; and
(c) The artificial light source is sufficiently shielded in a manner that prevents light trespass.
(B) Prohibited installations.
(1) Outdoor neon lighting;
(2) Permanent searchlights and aerial lasers;
(3) Mercury vapor fixtures or lamps;
(4) Outdoor wall pack-style fixtures, unless fully shielded or designed in such a way that the light shall not constitute a light trespass;
(5) Translucent lens, barn light-style fixtures; and
(6) Flashing, blinking, intermittent lights that move or give the impression of movement, other than holiday or festive lighting installations.
(Prior Code, § 57.030) (Ord. 34-2021, passed 11-3-2021) Penalty, see § 157.999
§ 157.778 COMMERCIAL AND MULTI-RESIDENTIAL LIGHTING.
Outdoor lighting for all new construction of non-residential properties, and multiple residential properties of eight dwellings or more with common outdoor areas, including recreation/mobile home parks, and multi-area camp sites, shall comply with this section.
(A) Fixture shielding.
(1) All fixtures shall be fully shielded and installed so that no light is emitted above a horizontal plane passing through the lowest portion of the lamp.
(2) Examples which are graphically depicted are seen in § 157.784.
(B) Mounting height limit. The height of pole-mounted fixtures shall not exceed 30 feet above grade.
(C) Light trespass standard.
(1) All light fixtures, including motion-sensing fixtures and security lighting, shall be aimed and shielded so the direct illumination shall be confined to the property boundaries of the source, including any public or private street or road.
(2) Motion-sensing light fixtures shall be adjusted according to the manufacturer’s instructions to turn off no more than five minutes after detected motion ceases.
(3) The light trespassing standard may be attained by light fixture design, building design, or other site design features such as fencing, walls, landscaping, or other screening, examples of which are graphically depicted in § 157.784.
(D) Lighting controls.
(1) (a) Outdoor lighting reduction shall be at 11:00 p.m. or one hour after the close of business, whichever is later.
(b) After such time, total outdoor brightness (measured in lumens) shall be reduced by at least 50% or turned off.
(2) Lighting reductions are not required for the following:
(a) Outdoor lighting where only one single fixture exists on the entire property;
(b) Lighting required by code for steps, stairs, walkways, and building entrances;
(c) Lighting for outdoor recreational facilities is allowed one hour prior to sunset and until 11:00 p.m., unless needed to complete a specific organized activity authorized by the city, or an event already in progress;
(d) Lighting governed by a special use permit in which times of operation are specifically identified; and
(e) Where lighting levels must be maintained for safety reasons or special events authorized by the city.
(Prior Code, § 57.040) (Ord. 34-2021, passed 11-3-2021) Penalty, see § 157.999
§ 157.779 RESIDENTIAL LIGHTING; NEW CONSTRUCTION.
Outdoor lighting for all new construction residential properties, and multiple-residential properties of seven dwellings or less not having common outdoor areas, shall comply with this section.
(A) Fixture shielding. All fixtures shall be shielded and installed so that no light is emitted so as to cause light trespassing onto adjoining properties examples of which are graphically depicted in § 157.783.
(B) Mounting height limit. The height of pole mounted fixtures shall not exceed 20 feet above grade.
(C) Light trespass standard.
(1) All light emitted or directed by reflecting or refracting optics in a fixture shall not be directly visible from equal grade on any other property when measured on a horizontal line passing through the lowest point in the fixture.
(2) Motion sensing light fixtures shall be adjusted according to the manufacturer’s instructions to turn off no more than ten minutes after detected motion ceases.
(3) The light trespassing standard may be attained by light fixture design, building design, or other site design features such as fencing, walls, landscaping, or other screening, examples of which are graphically depicted in § 157.784.
(D) Landscape lighting. Lighting shall not shine onto adjacent properties and shall be shielded.
(E) Lighting controls. Recreational lighting shall be off by 10:00 p.m.
(Prior Code, § 57.050) (Ord. 34-2021, passed 11-3-2021) Penalty, see § 157.999
§ 157.780 EXISTING LIGHTING; COMMERCIAL AND RESIDENTIAL.
Lighting installed prior to the effective date of this subchapter shall comply with:
(A) Ten year waiver of compliance for commercial outdoor lighting.
(1) Ten years from the enactment date of this subchapter, all commercial lighting shall comply with this subchapter; and
(2) Outdoor lighting existing on the effective date of this subchapter that does not meet the requirements, as set forth herein, shall be brought into compliance or removed as follows: within 90 days of a complaint, in all other cases.
(B) Nonconforming residential outdoor lighting. Outdoor lighting existing on the effective date of this subchapter that does not meet the requirements, as set forth herein, shall be brought into compliance or removed as follows:
(1) Within two weeks of a complaint, where redirection of the light fixture is feasible and will bring the light fixture into compliance; or
(2) Within 30 days of a complaint, in all other cases.
(C) Compliance methods. Outdoor lighting not meeting the standards shall be brought into compliance in any of the following ways:
(1) Redirection of the light fixture;
(2) Shielding of the light fixture;
(3) Redesign or relocation of the light fixture;
(4) Replacement of the light fixture with a conforming light fixture; or
(5) Removal of the light fixture.
(D) Replaced or expanded. When a lighting fixture is expanded or replaced, it shall be brought into conformance with this subchapter; and
(E) New uses. Whenever there is a new use of a property, all outdoor lighting on the property shall be brought into compliance with this subchapter.
(Prior Code, § 57.060) (Ord. 34-2021, passed 11-3-2021)
§ 157.781 SPECIAL STANDARDS.
(A) Recreational lighting.
(1) The Planning Commission shall review new recreational lighting plans for fields, courts, pools, tracks, or ranges.
(2) Lighting for recreational play in Residential Zones shall conform to those standards referred to in the International Residential Code.
(B) High intensity and special purpose lighting. The following lighting systems are prohibited from being installed or used except by a temporary special permit authorized by the city:
(1) Temporary lighting in which any single light fixture exceeds 20,000 initial lumens or the lighting load exceeds 160,000 lumens;
(2) Aerial lasers;
(3) Searchlights; and
(4) Other very intense lighting defined as having a light source exceeding 200,000 initial lumens an intensity in any direction of more than 2,000,000 candelas.
(C) Nonconforming or complex uses. Upon special permit issued by the city, lighting not complying with the technical requirements of this subchapter, but consistent with its intent, may be installed for complex sites or uses, or special uses including, but not limited to, the following applications:
(1) Sports facilities, including, but not limited to, unconditioned rinks, open courts, fields, and stadiums;
(2) Construction lighting;
(3) Lighting for industrial sites having special requirements;
(4) Parking structures;
(5) Urban parks;
(6) Ornamental and architectural lighting of bridges, public monuments, statuary, and public buildings; and
(7) Theme and amusement parks.
(D) Special permit process.
(1) To obtain a special permit, applicants shall demonstrate that the proposed lighting installation:
(a) Mitigates the effects of light on the environment and surrounding properties to comply with the purpose of this subchapter, and supported by a signed statement describing the mitigation measures; and
(b) Uses controls to reduce lighting at a project-specific time as defined in the permit.
(2) (a) The city shall review each application.
(b) A special permit may be granted if, upon review, the city believes the proposed lighting will not create unwarranted glare, sky glow, or light trespass.
(Prior Code, § 57.070) (Ord. 34-2021, passed 11-3-2021) Penalty, see § 157.999
§ 157.782 ENFORCEMENT.
(A) Any violation of this subchapter that results in light trespass or an unreasonable interference with the common and usual use of neighboring property is declared to be a public nuisance and is prohibited by this subchapter.
(Prior Code, § 57.080) (Ord. 34-2021, passed 11-3-2021) Penalty, see § 157.999
§ 157.783 EXAMPLES OF LIGHT SHIELDING.
[IMAGE]
(Prior Code, § 57.090) (Ord. 34-2021, passed 11-3-2021)
§ 157.784 EXAMPLES OF LIGHT TRESPASSING.
[IMAGE]
(Prior Code, § 57.100) (Ord. 34-2021, passed 11-3-2021)
§ 157.785 LUMEN CONVERSION CHART.
[IMAGE]
(Prior Code, § 57.110) (Ord. 34-2021, passed 11-3-2021)