Wildwood City Zoning Code
SECTION 415
450 Outdoor Lighting Requirements.
[R.O. 1997 § 415.450; Ord. No. 1324 App. A § 1003.169, 8-14-2006]
A.
Purpose And Intent. The purpose of this Code Section 415.450, and as amended, is to provide minimum standards for effective, economical and attractive outdoor lighting that facilitates the preservation of the rural nature of the City of Wildwood. This Code is adopted pursuant to both zoning authority and independent Police power authority to protect public safety and welfare. It is in the intent of this Code to encourage, through the regulation of the types, kinds, construction, installation and uses of outdoor electrically powered illuminating devices and lighting practices and systems, which will:
1.
Provide good, cost-efficient lighting in outdoor public places at night and foster safety, utility, security and productivity, while enhancing nighttime enjoyment of property within the City.
2.
Minimize glare and light trespass, thus protecting neighbors from the consequences of stray light caused by nuisance glare from poorly aimed, misdirected or inadequately shielded light sources.
3.
Protect drivers and pedestrians from disabling glare caused by non-vehicular light sources that shine directly into their eyes, thereby impairing safe traverse.
4.
Minimize light pollution and unnecessary sky glow to curtail the degradation of the nighttime visual environment.
B.
Applicability.
1.
Except as expressly provided herein, the requirements of this Section shall not apply to single-family dwellings or accessory structures and uses authorized with single-family dwellings.
2.
The requirements of this Section shall otherwise apply to all other uses and structures all jurisdiction, including public, private and governmental, except as provided elsewhere in this Code.
C.
Definitions. Listed below are certain words and phrases cited in this Code with their intended meanings.
DIRECT LIGHT
Light emitted directly from the lamp, off the reflector or reflector diffuser or through the refractor or diffuser lens of a luminaire that is emitted in the general direction of the surface to be illuminated. The term usually refers to light emitted in a downward direction.
DIRECTIONAL DISTRIBUTION LAMP
Any of several different types of lamps which use an integral reflector and, usually, a glass cover which together provides optical control (PAR, MR and R type lamps fall within this category).
ENCLOSED
Any outdoor light fixture which has a glass, acrylic, polycarbonate or screen enclosure of the light source (quartz glass does not meet this requirement) which provides mechanical protection from lamp shattering.
FIXTURE
The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole assembly, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens.
FIXTURE CENTER LINE
For any light source installed above the ground, the path of direct light emitted from the lamp when the lamp is aimed directly downward [e.g., ninety degrees (90°) perpendicular] to the ground.
FLOODLIGHT LUMINAIRE
Any of several different types of luminaires with relatively wide beam angles [greater than thirty degrees (30°)].
GLARE
Light emitting from a luminaire with such intensity that it is great enough to reduce the viewer's ability to see and, in extreme cases, cause aversion of vision or momentary blindness.
HEIGHT OF LUMINAIRE
The height as measured by the vertical distance from the ground directly below the center of the luminaire to the lowest direct light emitting part of the luminaire.
IES
The Illumination Engineering Society of North America.
INDIRECT LIGHT
Direct light that has been reflected or has scattered off other surfaces, such that the viewer perceives light from a source other than the original lamp source.
INSTALLED
The attachment or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.
LAMP
The component of luminaire that produces the actual light, commonly known as the "bulb" or "light bulb."
LIGHT TRESPASS
The shining of light produced by a luminaire beyond the boundaries of the property for which it is intended to be directed.
LUMEN
A unit of luminous flux. One (1) foot-candle is one (1) lumen per square foot. For the purposes of this Code, the "lumen output values" shall be the initial lumen output ratings of a lamp (see Appendix A).
LUMINAIRE
A complete lighting system and includes a lamp or lamps and a fixture.
OUTDOOR LIGHT FIXTURE
Outdoor electrically powered illuminating devices, outdoor lighting or reflective surface lamps and similar devices, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and street lights and floodlights for:
1.
Buildings and structures;
2.
Recreational areas;
3.
Parking lot lighting;
4.
Landscape lighting;
5.
Billboards and other signs (advertising or other);
6.
Street lighting;
7.
Product display area lighting;
8.
Building overhangs and open canopies; and
9.
Paths, trails and walkways.
PERSON
Any individual, tenant, lessee, owner or any commercial entity including, but not limited to, firm, business, partnership, joint venture or corporation.
SELF-EXTINGUISHING
A fixture in which power to the lamp spontaneously ceases, if the lamp is accidentally shattered or broken.
SHIELDED, PARTIALLY
Outdoor light fixtures shielded or constructed so that the lower edge of the shield is at or below the center line of the light source or lamp so as to minimize light emission above the horizontal plane.
SHIELDING
A light fixture whose output is controlled in such a manner that a direct view of the light emitting surface from an adjacent property is either minimized or prevented. This control could be as a result of the fixture housing, external or internal control devices (louvers, shields, barn doors, etc.), placement of the luminaire on the subject property or the combination of these elements. Shielding may either be full or partial.
SINGLE-FAMILY DWELLING
A building designed and used primarily for a single family. This term shall also include accessory residential structures, barns and other agricultural buildings associated with a single-family dwelling.
SPILL LIGHT
Any shining of light produced by a luminaire beyond the boundaries of the area which it is intended to illuminate.
SPOT LUMINAIRE
Any of several different types of luminaires with relatively narrow beam angles [less than thirty degrees (30°)] designed to illuminate a specifically defined area.
UPLIGHT
Any lamp or fixture projecting its direct light emission to a plane or region higher than the lamp source (above the horizontal), regardless of the fixture mounting position.
D.
General Requirements.
1.
Outdoor lighting shall be required for safety and personal security in areas of public assembly or traverse and in association with all uses where activity occurs outdoors during hours of darkness.
2.
All outdoor light fixtures installed and hereafter maintained shall use only shielded and/or enclosed light fixtures as specified in Table 1 below.
TABLE 1: SHIELDING AND ENCLOSURE REQUIREMENTS | |||
|---|---|---|---|
Fixture Lamp Type | Shielding Enclosure | ||
Mercury vapor1 | Partial shielding required | None | |
High pressure sodium | Fully shielded | None | |
Metal halide2 | Fully shielded | Yes | |
Fluorescent3 | Fully shielded | Yes | |
Quartz4 | Fully shielded | None | |
Incandescent greater than 160 watt | Fully shielded | None | |
Incandescent 160 watt or less | Partial shielding required | None | |
Glass tubes filled with neon, argon, krypton | None | ||
1 | Clear mercury lamps for general illumination are prohibited, except for use in special landscape applications. Only mercury vapor lamps that are environmentally safe, as defined (by the manufacturer) by their ability to be recycled and self-extinguish, are permitted in this circumstance. | ||
2 | Metal halide lamps shall be installed only in enclosed luminaires. | ||
3 | Warm white and natural lamps are required to minimize detrimental effects. | ||
4 | For the purposes of this Code, quartz lamps shall not be considered an incandescent light source. | ||
3.
All outdoor lighting, including lighting associated with single-family dwellings, shall be aimed, located, designed, fitted and maintained so as not to create disabling glare that presents a hazard or nuisance to drivers and/or pedestrians, generate nuisance glare or produce prohibited light trespass on neighboring properties.
4.
All outdoor lighting shall be subject to review by the Architectural Review Board of the City of Wildwood prior to installation and shall comply with the following:
a.
Large horizontal area lighting, such as parking lots and roadways, shall only use fully shielded type luminaires when lamp initial lumen rating exceeds six thousand (6,000). Luminaire shall be equipped with, or be capable of being equipped with, devices for further controlling light output, such as, but not limited to, house side shields.
b.
Large horizontal area lighting where the lamp used possesses an initial lamp lumen rating under six thousand (6,000) shall use either a fully shielded or partially shielded type luminaire.
c.
Directional luminaires (such as floodlights, spotlights, directional distribution lamps, sign lights, etc.) shall be installed and aimed such that they illuminate only the task and do not shine directly onto neighboring properties, roadways or distribute light skyward. Luminaires shall be equipped with, or be capable of being equipped with, glare control devices (louvers, shields, barn doors, etc.). No directional luminaire using a lamp with a lumen rating greater than six thousand (6,000) shall be installed and aimed to permit light above ninety degrees (90°) from nadir. The following general recommendations will help control light trespass. Adhering to these guidelines will not necessarily guarantee compliance with Code requirements:
(1)
Inspect areas adjacent to the lighting design location to identify and consider any potential problems involving residences, roadways and airports.
(2)
Select luminaires which have tightly controlled candela distributors, using fully shielded reflectors and refractors.
(3)
Contain light within the design area by carefully selecting, locating and mounting the luminaires.
(4)
Use well-shielded luminaires (or select equipment which can be shielded), if a potential problem is found after installation.
(5)
Keep floodlight aiming angles low so that the entire beam always falls within the intended lighted area during (and after) the design and installation process.
(6)
No floodlighted vertical or near-vertical surface shall be illuminated greater than two (2) initial average foot-candles for surfaces with a reflectance greater than thirty percent (30%) and four (4) initial average foot-candles for surfaces with a reflectance less than thirty percent (30%).
(7)
Fully shielded fixtures may not be installed in any manner that negates the full shielding property of the luminaire.
d.
All outdoor lighting such as for display lots (e.g., automobile sales or rental, recreational vehicle sales or building materials sales) shall use fully shielded fixtures or be designed or provided with full cut-off capability, so as to minimize up-light, spill-light and glare.
e.
All lamp source types shall be installed in equipment which meets the Illuminating Engineers Society's or the National Building Code requirements, except that:
(1)
The use of low pressure sodium lamps is prohibited.
(2)
Fluorescent lamps with a color rendering index greater than seventy (70) and color temperatures between three thousand degrees Kelvin (3,000°K) and four thousand one hundred degrees Kelvin (4,100°K) are required.
f.
Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark background with light lettering or symbols is required, unless otherwise authorized by the Architectural Review Board of the City.
g.
Exterior area and building lighting for non-residential property shall be turned off within one (1) hour after closing of business. Only security lighting may be used after 10:30 P.M.
h.
All required lighting installations must be regularly maintained (cleaned, lamp replacement, repaired, etc.), such that they always provide acceptable luminance levels and glare control.
i.
Recreational and sports facility lighting shall comply with IES recommendations and shall be fully shielded. Lighting applications shall adhere to the requirements and restrictions in Subsection (I).
5.
All light fixtures, including lighting associated with single-family dwellings, but excluding street lighting, shall be designed, installed and maintained to prevent light trespass as specified below:
a.
At the property line of subject property, illumination from light fixtures shall not exceed one-tenth (0.1) foot-candles on residentially zoned property or five-tenths (0.5) foot-candles on commercially zoned property, as measured in a vertical plane five (5) feet above the ground. Every reasonable effort shall be made (through placement and lighting control devices) to minimize the visibility of any luminaire that is required to be fully shielded.
b.
Light fixtures near adjacent property may require special shielding devices to prevent light trespass as defined in Subsection (D)(5)(a).
c.
New lighting installations subject to the provisions of this Code shall comply, without exception, with these Code requirements. Established lighting fixtures must be maximally adjusted within their present limits and abilities in an effort to prevent unlawful light trespass or they may be subject to fines and/or penalties as stated in Subsection (N) of this Section.
E.
Conformance With Applicable Codes.
1.
All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this Code, the Building Code, the Electrical Code, the Sign Code and the Master Plan of the City, as applicable and under appropriate permit and inspection.
2.
Whenever a person is required to obtain zoning authorization for a building or electrical permit for outdoor lighting or signage, a conditional use permit or subdivision or site development plan approval from the City, including all public projects or whenever a person requests annexation or rezoning, the applicant shall, as part of said application, submit sufficient information to enable the Director of Planning to determine whether the proposed or existing lighting scheme will comply with this Code.
3.
Specifically, lighting plans submitted for review and approval as part of a site development plan or preliminary plat shall include a layout of proposed luminaire locations, including aiming angles, minimum and average illuminances for each area, uniformity ratios, a description of this equipment (catalog cuts), glare control devices, lamps, mounting heights and means, hours of operation, maintenance methods proposed, location and use of adjacent properties and an illumination (foot-candle) grid demonstrating adequate intensities and uniformity. The illumination grid scale must be maximized to the extent of a thirty (30) inches by forty-two (42) inches drawing. Also, a calculation of vertical luminance along the property line at five (5) feet above the ground is required to show compliance with Subsection (D)(5)(a). Additional submissions may be required showing greater detail of areas that may require further clarification.
4.
Where there is a conflict between the provisions of this Code and other regulations of this Chapter, the most restrictive requirement shall govern.
F.
Approved Materials And Methods Of Construction Or Installation/Operation. The provisions of this Code are not intended to prevent the use of any alternate design, material or method of installation or operation that is otherwise not prohibited by the provisions of it, provided that an alternative is requested in writing and the Director of Planning finds the alternative:
1.
Is otherwise considered an approximate equivalent to that particular requirement of this Code; and
2.
Is otherwise satisfactory and fully satisfies the intent of this Code.
G.
Submission Of Plans And Evidence Of Compliance With Code For Non-Residential Use.
1.
Submission Contents. The applicant for any site development plan, preliminary plat or subdivision improvement plan shall also submit a lighting plan that shall comply with this Code. The plan shall include the following information:
a.
A diagram indicating the location of all light standards and fixtures and the proposed type of illuminating devices, fixtures, lamps, supports, reflectors and other devices;
b.
A description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);
c.
A plot of the photometric test report, such as that furnished by manufacturers or similar showing the angle of cutoff or light emissions.
2.
Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the Department of Planning to readily determine whether the plan complies with the requirements of this Code. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit tests performed and certified by an approved independent testing laboratory as evidence of compliance.
3.
Subdivision Plat Certification. If any proposed subdivision intends to install street or other common or public area outdoor lighting, the record plat shall contain a statement certifying that the applicable provisions of the City of Wildwood Outdoor Lighting Code have been met.
4.
Lamp Or Fixture Substitution. Should any outdoor light fixture or the type of light source subject to a lighting plan required by this Section be changed after zoning authorization or the issuance of a permit, a change request must be submitted to the Department of Planning for their approval, together with adequate information to assure compliance with this Code. Such submittals and approval must be received prior to substitution.
H.
Prohibitions.
1.
Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.
2.
Outdoor Commercial Off-Site Signs. Subject to any other more restrictive requirement, electrical illumination of outdoor advertising signs between the hours of 11:00 P.M. and sunrise is prohibited, except that signs may be operational during the hours of operation for the business being advertised.
3.
Searchlights. The operation of searchlights, such as xenon and carbon-arc, for advertising purposes is prohibited.
I.
Special Uses.
1.
Recreational Facilities. Any light source permitted by this Code may be used for lighting of outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts and horse or show areas, provided all of the following conditions are met:
a.
Lighting for parking lots and other areas surrounding the playing field, court or track shall comply with this Code.
b.
All fixtures used for event lighting shall be fully shielded. To the extent that it is not feasible to use fully shielded fixtures as required in Subsection (D) of this Section, lighting must be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light and glare.
c.
Notwithstanding any existing zoning authorization or permit to the contrary, after the effective date of this Chapter, all events shall be scheduled so as to complete all activity before or as near to 10:00 P.M. (as practical), but, under no circumstances, shall any illumination of the playing field, court or track be permitted after 10:30 P.M., except to conclude a scheduled event that was in progress before 10:30 P.M. and for which circumstances prevented concluding it before this time.
d.
This provision shall prevail over any existing zoning authorization or permit to the contrary and shall be effective in such case commencing six (6) months after the effective date of this Chapter.
J.
Temporary Exemption.
1.
Lighting that is required for an otherwise lawful use, where compliance with this Code would substantially impair its use, shall be considered appropriate for a temporary exemption.
2.
Request — Renewal — Information Required. Any person may submit a written request on a form prepared by the City to the Director of Planning for a temporary exemption request. A temporary exemption shall contain the following information:
a.
Specific exemption or exemptions requested;
b.
Type and use of outdoor light fixture involved;
c.
Duration of time for the requested exemption;
d.
Type of lamp and calculated lumens;
e.
Total wattage of lamp or lamps;
f.
Proposed location on premises of the outdoor light fixture(s);
g.
Previous temporary exemptions, if any;
h.
Physical size of outdoor light fixture(s) and type of shielding provided; and
i.
Such other data and information as may be required by the Director of Planning.
3.
Approval — Duration. The Director of Planning shall have fourteen (14) days from the date of submission of the request for temporary exemption to act, in writing, upon it. If approved, the exemption shall not be valid for more than thirty (30) days from the date of issuance of the approval. The approval shall be renewable at the discretion of the Director of Planning upon a consideration of all the circumstances. Each such renewed exemption shall not be valid for more than thirty (30) days.
4.
Disapproval — Appeal. If the request for temporary exemption is disapproved, the person making the request may appeal the decision as provided in Subsection (L).
5.
Fee. A fee of twenty-five dollars ($25.00) shall be submitted for any request for temporary exemption to cover administrative review costs or inspections.
K.
Other Exemptions.
1.
"Grandfathered" Existing Fixtures. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of the Code are exempt from all requirements of it, unless:
a.
Existing outdoor lighting fixtures are replaced, removed or reinstalled; or
b.
Existing outdoor lighting systems that violate the requirements of this Code and such violations are capable of being eliminated or substantially eliminated by minor adjustments or changes to the lighting angle, design or lamp to eliminate light trespass or other violations.
2.
Any changes in use or lamp type or any replacement or structural alteration made shall conform to all applicable requirements of this Code.
3.
Fossil Fuel Light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this Code.
L.
Appeals. Any person aggrieved by any final decision of the Director of Planning made in administration of this Code has the right of appeal pursuant to Chapter 150, Code of Administrative Procedure, of the City of Wildwood Municipal Code.
M.
Violation. It shall be unlawful for any person to violate any of the provisions of this Code. Each and every day during which the violation continues shall constitute a separate offense.
N.
Enforcement And Penalty.
1.
The City of Wildwood shall have the right to conduct inspections of completed lighting installations to assure compliance with the requirements of this Lighting Code, including specific plans for applicable properties.
2.
Fines and other judgments relating to non-compliance to the requirements of this Code shall be as established in Section 415.570, Warning, Summons and Penalty for Violations, of this Chapter.
