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TITLE 8 SUBDIVISION REGULATIONS

CHAPTER 9 OUTDOOR LIGHTING ORDINANCE

SECTION 8-9-1 GENERAL PROVISIONS

   
  (A)          Title: This Chapter, together with the amendments thereto, shall be known and may be cited as the Menan Outdoor Lighting Ordinance.
   
  (B)           Purposes: The general purpose of this Chapter is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky, by establishing regulations and a process for review of exterior lighting.
   
  This Article establishes standards for exterior lighting in order to accomplish the following:
  (1)   To provide safe roadways for motorists, cyclists and pedestrians;
  (2)   To protect against direct glare and excessive lighting;
  (3)   To  ensure  that  sufficient  lighting  can  be  provided  where  needed  to promote safety and security;
  (4)   To prevent light trespass in all areas of the City;
  (5)   To protect and reclaim the ability to view the night sky;
  (6)   To allow for flexibility in the style of lighting fixtures;
  (7)   To provide lighting guidelines;
  (8)   To provide assistance to property owners and occupants in bringing non- conforming lighting into conformance with this Chapter; and
  (9)   To work with other jurisdictions within Jefferson County to meet the purposes of this Chapter.
   
  (C)          APPLICABILITY
  (1)   New Lighting. All exterior lighting installed after the effective date of this Ordinance shall conform to the standards established by this Chapter.
   
  (2)   Existing Lighting. 
   
  a.   All existing exterior lighting installed before the effective date of this Chapter shall be brought into conformance with this Chapter, except section 8-9-1(E)(3)within the following time periods:
   
  b.   All existing exterior lighting located on a subject property that is part of an application for design review approval, a conditional use permit, subdivision approval, or a building permit is required to be brought into conformance with this chapter before issuance of a Certificate of Occupancy, final inspection or final plat recordation, when applicable. For other permits, the applicant shall have a maximum of thirty (30) days from date of permit issuance to bring the lighting into conformance.
   
  c.   All other existing exterior lighting on property used for commercial purposes that is not in conformance with this Article shall be brought into conformance with this Article within thirty-six (36) months from the date of adoption of this Chapter.
   
  d.   All existing exterior lighting on property used for residential, institutional, public and semi-public uses, not affected by Section 8-9-1(C)(2) above, that does not comply with this Article is required to be brought into conformance with this Article within Twelve (12) months from the date of adoption of the Ordinance.
   
  e.   All existing exterior lighting shall be brought into conformance with this Article within one year from the date of adoption of this Ordinance.
   
  (D)          DEFINITIONS: Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Section its most reasonable application.
   
  AREA LIGHT: A luminaire equipped with a lamp that produces over one thousand eight hundred (1,800) lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights. (See Table 1in section 8-9-3 for light output of various lamps).
   
  AVERAGE HORIZONTAL FOOTCANDLE: The average level of illuminance for a given situation (with snow cover if that is to be expected in the given situation) measured at ground level with the light meter placed parallel to the ground.
   
  BUILDING OFFICIAL: The City of Menan Building Official.
   
  EIGHTY-FIVE (85) DEGREE CUT-OFF TYPE OF LUMINAIRES: Luminaires that do not allow light to escape above an eighty-five (85) degree angle measured from a vertical line from the center of the lamp extended to the ground (see Figure 2)
   
  EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of this Article.
   
  FLOOD LIGHT A lamp that produces up to one thousand eight hundred (1,800) lumens and is designed to flood a well-defined area with light. (See Table 1in section 8-9-3 for light output of various lamps)
   
  FOOTCANDLE (fc). The American unit used to measure the total amount of light cast on a surface (illuminance). One footcandle is equivalent to the illuminance produced by a source of one candle at a distance of one foot. For example, the full moon produces .01 s. s are measured with a light meter. One footcandle is approximately equal to ten (10) lux, the British unit used to measure illuminance.
   
  FULL CUT-OFF LUMINAIRES. A luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. (See Figure 1) Fully shielded. The luminaire incorporates a solid barrier (the shield), which permits no light to escape through the barrier. (See Figure 4)
   
  GLARE: Stray, unshielded light striking the eye that may result in (a) nuisance or annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing squinting of the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into shadows or (d) reduction of visual performance.
   
  HOLIDAY LIGHTING: Strings of individual lamps, where the lamps are at least three inches apart and the output per lamp is not greater than fifteen (15) lumens. Illuminance. The amount of light falling on any point of a surface measured in footcandles or lux.
   
  IESNA: Illuminating Engineering Society of North  America (IES or IESNA). The professional society of lighting engineers. 
   
  IESNA RECOMMENDED PRACTICES. The current publications of the IESNA setting forth illuminance levels.
   
  LAMP: The generic term for an artificial light source, to be distinguished from the whole assembly (see Luminaire). Commonly referred to as "bulb".
   
  LIGHT: The form of radiant energy acting on the retina of the eye to make sight possible.
   
  LIGHT POLLUTION Any adverse effect of manmade light including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky.
   
  LIGHT TRESPASS: Light falling on the property of another or the public right-of-way when it is not required to do so.
   
  LIGHTING Any or all parts of a luminaire that function to produce light.
   
  LIGHTING ADMINISTRATOR: A City official designated by the City Council to administer, interpret, and enforce the Menan Outdoor Lighting Ordinance, and make recommendations thereunder.
   
  LUMEN: The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a 60-watt incandescent lamp produces 950 lumens while a 55-watt low- pressure sodium lamp produces 8000 lumens.
   
  LUMINAIRE: A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power. When used, includes ballasts and photocells. Commonly referred to as "fixture".
   
  MAINTAINED ILLUMINANCE: The condition that occurs after 200 hours of lamp use prior to a point where luminaire cleaning is necessary. Measurements are taken at ground level with sensor parallel to the ground for horizontal illuminance and measured at 5 feet above ground with sensor perpendicular to the ground for vertical illuminance.
   
  NON-ESSENTIAL LIGHTING: Lighting that is not necessary for an intended purpose after the purpose has been served. Does not include any lighting used for safety and/or public circulation purposes.
   
  PARTIALLY SHIELDED: The luminaire incorporates a translucent barrier, the "partial shield" around the lamp that allows some light to pass through the barrier while concealing the lamp from the viewer. (See Figure 3)
   
  PLANNING AND ZONING ADMINISTRATOR: The City of Menan Planning and Zoning Administrator/Commission.
   
  SKYGLOW: The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and scattering of light by dust, water vapor and other particles suspended in the atmosphere. Skyglow reduces one's ability to view the night sky.
   
  TEMPORARY LIGHTING: Lighting that is intended to be used for a special event for seven days or less.
   
  UPLIGHTING: Fully shielded lighting that is directed in such a manner as to shine light rays above the horizontal plane.
   
  (E)           OUTDOOR LIGHTING STANDARDS
  (1)   General Standards 
   
  a.   All exterior lighting shall be designed, located and lamped in order to prevent: 
   
  i.    Overlighting;
  ii.    Energy waste; 
  iii.   Glare;
  iv.   Light Trespass; 
  v.   Skyglow.
   
  b.   All non-essential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use.  Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.
   
  c.   Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties.
   
  d.   Area lights. All area lights are encouraged to be eighty-five (85) degree full cut- off type luminaires.
   
  e.   Idaho Power shall not install any luminaires after the effective date of this Article that lights the public right of way without first receiving approval for any such application by the Lighting Administrator.
   
  (2)   Type of Luminaires: All exterior lighting shall use full cut-off luminaires with the light source downcast and fully shielded, with the following exceptions:
   
  a.   Luminaires that have a maximum output of four hundred (400) lumens per fixture, regardless of number of lamps (equal to one forty [40] watt incandescent light), may be left unshielded provided the luminaire has an opaque top or is under an opaque structure. (see Figure 5).
   
  b.   Luminaires that have a maximum output of one thousand (1,000) lumens per fixture, regardless of number of lamps (equal to one sixty [60] watt incandescent light) may be partially shielded provided the lamp is not visible, and the luminaire has an opaque top or is under an opaque structure. (See Figure 3)
   
  c.   Floodlights with external shielding shall be angled provided that no light is directed above a twenty-five (25) degree angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights-of-way (see Figure 6). Photocells with timers that allow a floodlight to go on at dusk and off by 11:00 p.m. are encouraged.
   
  d.   Residential holiday lighting from November 1st to February 1st. Flashing holiday lights on residential properties are discouraged. Holiday lights are encouraged to be turned off by 11:00 p.m.
   
  e.   Commercial holiday lighting from November 1st to March 15th. Commercial flashing holiday lights are prohibited. Holiday lights are encouraged to be turned off after the close of business.
   
  f.    Sensor activated luminaires, provided:
   
  i.    It is located in such a manner as to prevent glare and lighting onto properties of others or into a public right-of-way;
  ii.    The luminaire is set to only go on when activated and to go off within five minutes after activation has ceased;
  iii.   The luminaire shall not be triggered by activity off the property.
   
  g.   Vehicular lights and all temporary emergency lighting needed by the Fire and Police Departments, or other emergency services.
   
  h.   Uplighting for flags provided the flag is of a government and the maximum lumen output is one thousand three hundred (1,300) lumens. Flags are encouraged to be taken down at sunset to avoid the need for lighting.
   
  i.    Lighting of radio, communication and navigation towers; provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this Chapter.
   
  j.    Airport Lighting. Lighting at Friedman Memorial Airport, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) 
   
  k.   regulations can only be met through the use of lighting that does not comply with this Article.
   
  l.    Neon Lights. Flashing Neon lights and signs are not permitted.
   
  m.  Luminaires used for playing fields shall be exempt from the height restriction provided all other provisions of this Article are met and the light is used only while the field is in use.
   
  (3)   Placement and Height of Luminaires
   
  a.   Parking area luminaires shall be no taller than seventeen (17) feet from the ground to their tallest point. Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level.
   
  b.   Freestanding luminaires on private property in residential zones shall be mounted at a height equal to or less than the sum of H=(D/3)+3, where D is the distance in feet to the nearest property boundary, but shall not be higher than fifteen (15') from ground level to the top of the luminaire, whichever is less. Example: Pole Height Distance to Property Line 15 feet 36 feet (36/3 =12+3=15) 12 feet 27 feet (27/3 =9+3=12) 9 feet 18 feet (18/3=6+3=9)
   
  c.   Streetlights used on arterial roads may exceed twenty (20) feet in height, with the recommendation by the City Council, and only with a finding that exceeding 20 feet is necessary to protect the safety of the residents of Menan.
   
  d.   Luminaires used for playing fields shall be exempt from the height restriction provided all other provisions of this Article are met and the light is used only while the field is in use.
   
  (4)   Illuminance and Type of Lamp
   
  a.   Illuminance levels for parking lots, sidewalks, and other walkways affected by side-mounted building lights, and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the most current IESNA Recommended Practices. The City of Menan recognizes that not every such area will require lighting.
   
  b.   Parking lot lighting shall not exceed an overall average illumination of 1.5 footcandles.
   
  c.   Streetlights shall be high-pressure sodium, low-pressure sodium or metal halide, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall be limited to a seventy (70) watt high- pressure sodium (hps) light with a lumen output of sixty-four hundred (6400). Street lights along non-residential streets or at intersections shall be limited to one hundred (100) watts hps, with a lumen output of ninety-five hundred (9500), except that lights at major intersections on state highways shall be limited to two hundred fifty (250) watts hps. If a light type other than high-pressure sodium, is permitted, then the equivalent output shall be the limit for the other light type (see Table 1).
   
  d.   All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.
   
  (5)   Tables and Information Sheets. The figures and information sheets in section 8-9-3 shall be incorporated into Article VIIIB as guidelines for the public and the City for use in enforcing this Article. The City does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the examples. Additional information is provided at the Menan Planning Department.
   
  (F)           PROCEDURE.
   
  (1)   All applications for design review, conditional use permits, planned unit developments, subdivision approvals, applicable sign permits, or building permits shall include lighting plans showing location, type, height, lumen output, and illuminance levels in order to verify that lighting conforms to the provisions of this Article. The Lighting Administrator may waive the requirement for illuminance level information only, if the Lighting Administrator finds that the illuminance levels conform to this Article. For all other exterior lights which must conform to the requirements of this Article VIIIB, an application shall be made to the Lighting Administrator, showing location, type, height, lumen output and illuminance levels.
   
  (2)   The Lighting Administrator shall review any new exterior lighting or any existing exterior lighting on subject property that is part of an application for design review, conditional use permit, planned unit development, subdivision approval, applicable sign permits or building permit, to determine whether the exterior lighting complies with the standards of this Article VIIIB.
   
  (3)   The Lighting Administrator shall convey in writing a recommendation whether the exterior lighting complies with the standards of this Article VIIIB to the Building Official, the Menan Design Review Committee, the Menan Planning & Zoning Commission, or the Menan Mayor and City Council, as the case may be, before any review or hearing on a building permit, design review, conditional use permit, planned unit development, subdivision application, or applicable sign permit.
   
  (4)   For all other exterior lighting which must conform to the requirements of Article VIIIB, the Lighting Administrator shall issue a decision whether the exterior lighting complies with the standards of this Article VIIIB. All such decisions may be appealed to the Menan Planning & Zoning Commission within thirty (30) days of the decision.
   
  (G)          VIOLATIONS AND LEGAL ACTIONS: If the Lighting Administrator finds that any provision of this Article is being violated, the Lighting Administrator shall give notice 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 the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. The Planning Department Staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty (30) day period, the Lighting Administrator may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this Article.