West Point City Zoning Code
17.120 Lighting
17.120.010 Purpose and intent.
In order to preserve the rural character and dark skies of West Point City, this chapter is intended to regulate the permitted use of outdoor artificial illuminating devices emitting undesirable rays into the night sky, glare to oncoming traffic, intrusion of light onto adjacent properties, and light pollution in general, which may have a detrimental effect on the welfare and safety of the populace, as well as the ambience and rural character of the city. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.020 Applicability.
This chapter applies to commercial, industrial, multifamily, municipal, public and quasi-public outdoor lighting fixtures other than 160 watts or less incandescent. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.030 Conformance with applicable regulations.
All outdoor artificial illuminating devices, unless exempted, shall be installed in conformance with the provisions of this chapter, the zoning regulations and any building codes which may hereafter be enacted, as applicable. Where any provisions of any of the Utah State Code or any federal law, or any zoning ordinance, conflict with the requirements of this chapter, the most restrictive shall be applied. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.040 General requirements.
All lighting fixtures shall be directed downward with mechanisms to prevent dark sky illumination, pursuant to the guidelines of the International Dark-Sky Association.
A. Shielding. All exterior illumination devices, except those that are exempt from this chapter, shall be fully shielded and downward directed.
1. “Fully shielded” shall mean that those fixtures shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.050 Side yard requirements.
Lighting within side yards shall not exceed two foot-candles of illumination at the property line, and shall not exceed one-half foot-candle within 10 feet over the adjacent property line. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.060 Prohibitions.
A. Searchlights. The operation of searchlights for advertising purposes is prohibited.
B. Recreation Facility. No existing 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 by a ballpark, outdoor amphitheater, arena or similar facility in progress prior to 11:00 p.m. New public and private recreational facilities shall conform to the provisions of this chapter and shall conform to the hours of operation standard defined above. Private “sport court” type lighting in residential areas shall also conform to these standards.
C. Outdoor Building or Landscaped Illumination. The unshielded outdoor illumination of any building, landscaping, signage or other purpose is prohibited. Low level, seasonal or holiday, string type lighting is exempt from this requirement.
D. Pole Height. Except for public recreation facilities, pole heights for lighting in parking lots and other outdoor areas shall not exceed 25 feet. Poles intended to illuminate parking lots shall not be located closer than 10 feet to any property line. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.070 Permanent exemptions.
A. Fossil Fuel Light. Produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.
B. Federal and State Facilities. Those facilities and lands owned, operated and protected by the United States government or the state of Utah are exempt by law from all requirements of this chapter. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.080 Procedures for compliance.
A. Applications.
1. Any applicant for a land use permit and/or building permit, intending to install outdoor lighting fixtures, shall, as part of said application, submit evidence, such as a parking lot lighting plan, that the proposed work will comply with this chapter.
2. All other individuals intending to install outdoor lighting fixtures shall submit an application to the community development director or designee providing evidence that the proposed work will comply with this chapter and title.
3. Utility companies entering into a duly approved contract with the city in which they agree to comply with the provisions of these regulations shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting.
B. Contents of Application or Submittal. A full application is available online and at the community development department. The application shall contain the following:
1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, or other devices, etc.
2. Description of the illuminating devices, fixtures, lamps, supports and other devices, etc., may include, but is not limited to, manufacturer’s catalog cuts, and drawings (including sections where applicable).
C. Issuance of Permit. Upon compliance with the requirements of this chapter, the community development director or designee 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 land use permit and/or building permit or site plan review, the issuance of the land use permit and/or building permit will be made if the applicant is in compliance with this chapter as well as the other requirements for issuance under this title.
D. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps, or cause any change in the approved design, after a permit has been issued, the applicant shall submit all changes to the community development director or designee for approval, with adequate information to assure compliance with this chapter. [Ord. 08-17-2021B § 2 (Exh. A)].
17.120.090 Temporary exceptions.
A. Request for Temporary Exception. Any individual may submit a written request to the West Point City community development director or designee for a temporary exemption to the requirements of this chapter, such exemption to be valid for up to three months. Exemption approvals shall be granted based on a demonstrated reasonable need/justification such as during construction, and/or a major local celebration. A written request for temporary exception shall contain the following information:
1. Specific exemptions requested.
2. Type and use of exterior light involved.
3. Duration of time and hours of operation for the requested exemption.
4. Type of lamp and calculated lumens.
5. Total wattage of lamp or lamps.
6. Proposed location of exterior light.
7. Previous temporary exceptions, if any.
8. Physical size of exterior light and type of shielding provided. [Ord. 08-17-2021B § 2 (Exh. A)].