17.69 Illumination

17.69.010  Applicability. 

Except for lighting exempted under Section 17.69.030, no permanent or temporary exterior lighting shall be installed or replaced in the Town except in conformance with the provisions of this Chapter. (Ord. 2003-34 §5, 2003)

17.69.020 Purpose. 

The purpose of this Chapter is to protect the health, safety and welfare of the residents of the Town by regulating the luminaire shielding, maximum lighting levels within and on the property line and lighting controls on exterior lighting, as well as to reduce light pollution, light trespass, glare and other forms of obtrusive light. (Ord. 2003-34 §5, 2003)

17.69.030 Exempt lighting.

Lighting associated with the following uses shall be exempt from the provisions of this Chapter:

1. Single or two-family dwellings.

2. Temporary holiday lighting.

3. Public lighting in the right-of-way.

4. Emergency facilities during emergency situations. (Ord. 2003-34 §5, 2003)

17.69.040 Definitions.

Adjacent to residential zoned land: Property is adjacent to residential zoned land when it shares a common border with residential zoned land or land utilized for residential purposes, or when it is separated from residential zoned land or land utilized for residential purposes only by a publicly dedicated or private right-of-way and open space tracts. Residential uses mixed with commercial uses on the same block are not residential zoned land for the purposes of this definition.

Candela/m²: A unit of luminance commonly referred to as "brightness." In common usage the term "brightness" usually refers to the strength of sensation that results from viewing surfaces from which light comes to the eye. This sensation is determined in part by the definitely measurable luminance and in part by conditions of observation such as the state of adaptation of the eye. One (1) candela/m2 equals one (1) nit.

Disability glare: The effect of stray light in the eye whereby visibility and visual performance are reduced. A direct glare source that produces discomfort can also produce disability glare by introducing a measurable amount of stray light in the eye.

Foot-candle: A measure of light falling on a given surface. One (1) foot-candle is equal to one (1) lumen per square foot. Foot-candles can be measured horizontally, vertically or by line of sight by an illuminance meter or a light meter.

Fully shielded lighting: Adjustable lighting that is equipped with louvers by the lens and/or snoots or hoods to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles or from off property.

IESNA - Illuminating Engineering Society of North America: An association of professionals in the field of lighting and related professions.

IESNA full cutoff distribution: A luminaire light distribution where zero (0) candela intensity occurs at or above an angle of ninety degrees (90º) above nadir. Additionally, the candela per one thousand (1,000) lamp lumens does not numerically exceed one hundred (100) (ten percent [10%]) at or above a vertical angle of eighty degrees (80º) above nadir. This applies to all lateral angles around the luminaire. Full cutoff distribution luminaries offer the most shielding and light control properties, and usually have a flat lens that is aimed perpendicular to nadir.

IESNA nonfull cutoff distribution: All luminaries that do not meet the IESNA full cutoff distribution, including cutoff, semi-cutoff and noncutoff.

Initial horizontal illuminance: The amount of light falling on a surface, measured in foot-candles (fc).

LED - Light-Emitting Diodes: A p-n junction solid state diode whose radiated output is a function of its physical construction, material used and existing current. LEDs are commonly used in traffic signal lights and signs.

Light trespass: Light trespass shall mean lighting where the maximum initial line of sight illuminance measured at the property line adjacent to residentially zoned land exceeds 0.1 foot-candles at the residential properties.

Lumen: The SI unit (International System of Units) of luminous flux. Lamps or light bulbs packaging or information sheets list the initial lumen rating for each particular lamp.

Luminaire: A complete lighting unit, consisting of a lamp, reflector, refractor, or lens, shielding, wiring and sockets. Often referred to as a "light fixture."

Mounting height: The vertical distance between the ground plane and the center of the apparent light source of the luminaire.

Outdoor retail feature display: For car dealerships, feature display areas include all areas where retail inventory is displayed, excluding areas that are used only for inventory storage. For other outdoor retail applications, feature display includes feature presentation of a single item accent. (Ord. 2003-34 §5, 2003)

17.69.050 Permitted lighting.

 A. The following types of exterior lighting, as shown on Table 1, shall be permitted in the Town:

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TABLE 1 - LIGHTING STANDARDS

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B. In addition, the following standards shall apply to all exterior lighting:

1. All lighting shall be IESNA full cutoff unless otherwise permitted in Table 1.

2. Lighting performance shall meet the restrictions in Table 1 for maximum initial illuminance, mounting height, maximum lamp lumen ratings, IESNA luminaire type and shielding requirements.

3. Illumination of a flagpole is permitted, provided that no more than one (1) narrow beam 39-watt metal halide par lamp or its equivalent is used and aimed to only illuminate the flag. The source of illumination must be shielded in a manner so as not to be visible from adjacent property.

4. Light fixtures associated with canopies, including but not limited to fuel islands, storefronts, shopping malls, theaters, bank drive-thrus and hotels shall be mounted so that the bottom of the lens is recessed or flush with the bottom surface of the canopy. All light emitted from the canopy shall be substantially confined to the ground directly beneath the perimeter of the canopy. No lighting of any kind, except permitted by sign regulations, shall be allowed on the top or sides of a canopy.

5. All lights on property adjacent to residential zoned land, except those required for security at entrances, stairways and loading docks shall be circuited such that lighting shall be reduced by fifty percent (50%) within one (1) hour after the end of business hours and be operated in such fifty percent (50%) reduced mode until one (1) hour prior to the commencement of business hours. Lighting closest to the building or structures shall be circuited separately from lighting on the property perimeter to allow after hours controls.

6. Landscape, special feature accent lighting and façade lighting shall be located and shielded such that the light source is not visible from off property.

7. All stadium and all other exterior sports arena lights used for the purpose of illuminance of the playing area must be turned off within thirty (30) minutes of the conclusion of the final event of the day. The remainder of the facility lighting, except for reasons of security, must be turned off within one (1) hour after the event, and remain extinguished until one (1) hour prior to the commencement of the next event.

8. Illuminance of a building façade to enhance architectural features is permitted. Downlighting is preferred, provided that wall-mounted fixtures are used and illuminance is contained completely within the vertical face of the building and does not spill off the building edge. Uplighting may be permitted, provided that no illuminance escapes the façade. Lights mounted on poles for the purpose of illuminating the building façade are not permitted.

9. The source of illumination (lamp) from any fixture, including interior fixtures visible through windows, shall not create disability glare on adjacent properties. (Ord. 2003-34 §5, 2003)

17.69.060 Prohibitions.

No person shall erect, install, contract for installation, cause to install or maintain the following lighting in the Town:

1. Light trespass.

2. Lights that blink, flash, move, revolve, flicker, vary in intensity or color and chase lighting, except lighting for temporary holiday displays and lighting for public safety.

3. Unshielded wall pack.

4. Forward throw luminaires.

5. Any lighting that could interfere with the safe movement of motor vehicles on public streets.

6. Any luminaire that could be confused with or purports to be an official traffic signal, signal or device.

7. Any upward-oriented lighting (uplighting) except as otherwise provided for in this Chapter.

8. Searchlights, beacons and laser source luminaires. (Ord. 2003-34 §5, 2003)

17.69.070 Plan submission requirements.

In concurrence with submitting either a PD site plan under Section 17.60.170, a site plan under Chapter 17.61 or a use by special review under Chapter 17.72, an applicant shall submit a lighting plan to include the following:

1. The location and height above grade of all luminaries;

2. The type (metal halide, incandescent, etc.) and initial lumen rating and wattage of each lamp source;

3. The style of the luminaire (cutoff, lantern, coach light, globe, etc.). A copy of the manufacturers' catalog information sheet and IESNA photometric distribution type (full cutoff, type III, forward throw, etc.), including any shielding information such as house side shields and internal and exterior shields;

4. Control descriptions, including type of controls (timer, motion sensor, time clock, etc.), the luminaries to be controlled by each type and control schedule. How lights will be controlled after business hours must be addressed in the plan;

5. A computer-generated lighting calculation indicating initial horizontal illuminance (light loss factor = 1.0) on a ten-foot by ten-foot minimum grid across the entire site and a minimum of ten (10) feet beyond the lot or parcel property line. All exterior mounted luminaries shall be included in the calculations;

6. Sign lighting description, including luminaire type, mounting details, lamp lumen rating and luminance (candela per square meter) for internally illuminated signs and exposed lamp sources, including LED and control means;

7. For sports facilities, provide aiming angles and diagrams for sports lighting luminaires. (Ord. 2003-34 §5, 2003)

17.69.080 Variance.

An applicant may seek a variance to the provisions of this Chapter from the Board of Adjustment. In the event the applicant seeks a variance to increase illumination levels not exceeding twenty percent (20%) of the levels permitted in this Chapter, the variance may be granted or denied by the Director of Development Services. A variance request shall be filed in writing with the Development Services Department. In determining whether or not a variance should be granted or denied, the burden shall be upon the applicant to show practical difficulties and unnecessary hardship if the strict letter of this Chapter were to be followed. In this regard, the Board of Adjustment or the Director of Development Services, as applicable, may also take into consideration the following:

1. The intent and purpose of this Chapter;

2. Current Town Council policies and interpretations of this Chapter;

3. Special circumstances or conditions such as the existence of buildings, topography, vegetation, sign structure or other matters on adjacent lots or within the adjacent public or private right-of-way, that create a need for a variance.

4. That circumstances of the applicant are unique and not applicable in general to other businesses or properties in the area;

5. The effect of a variance upon neighboring properties and businesses, and the injury it may cause, if any; and

6. The reasonableness of the request in comparison to the need shown.

All decisions rendered in accordance with this Section shall be final, subject to judicial review in a court with proper jurisdiction. (Ord. 2003-34 §5, 2003)

17.69.090 Nonconforming lighting.

Any new exterior lighting installed in any structure or parking area that is expanded or renovated shall be in conformance with these regulations. (Ord. 2003-34 §5, 2003)

17.69.100 Violation; penalty.

A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment.

B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person. (Ord. 2003-34 §5, 2003)

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