Chapter 15.32
OUTDOOR ARTIFICIAL ILLUMINATION
Sections:
15.32.020 Conformance With Applicable Codes
15.32.040 Approved Material and Methods of Installation
15.32.050 Preferred Methods of Outdoor Illumination
15.32.060 General Requirements
15.32.080 Permanent Exemptions
15.32.090 Procedures for Compliance
15.32.100 Appeal for Temporary Exemption
15.32.110 Violations–Penalties
15.32.010 Purpose
This chapter is intended to restrict the permitted use of outdoor artificial illuminating devices emitting undesirable rays into the night sky which have a detrimental effect on astronomical observations. (Prior code § 5-81)
15.32.020 Conformance With Applicable Codes
All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this chapter and any building ordinances or codes which may apply. Where any provisions of any of the Arizona State Statutes, or any of the federal laws, or any companion ordinance comparatively conflicts with the requirements of these outdoor light control provisions, the most restrictive shall govern. (Prior code § 5-82)
15.32.030 Definitions
As used in this chapter:
"Outdoor light fixture" means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to search, spot or flood lights for:
1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Billboards and other signage (advertising or other);
6. Street lighting.
"Individual" means any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations.
"Installed" means the initial installation of outdoor light fixtures defined herein, the replacement of any fixture in use at the time of the enactment of this chapter, or the substantial repair of any fixture in use at the time of the enactment of this chapter, if such repair can include the facile installation of a shield and/or a filter and/or a different type of illuminating device (lamp). (Prior code § 5-85)
15.32.040 Approved Material and Methods of Installation
The provisions of this chapter are not intended to prevent the use of any material or method of installation not specifically prescribed by this chapter provided any such alternate has been approved. The building inspector may approve any such alternate, provided he finds that the proposed design, material or method:
A. Provides approximate equivalence to those specific requirements of this chapter; or
B. Is otherwise satisfactory and complies with the intent of the chapter. (Prior code § 5-83)
15.32.050 Preferred Methods of Outdoor Illumination
Low pressure sodium lamps are the preferred lamp for minimizing adverse effects on astronomical observations. (Prior code § 5-84)
15.32.060 General Requirements
A. Shielding. All exterior illuminating devices, except those exempt from this chapter and those regulated by Section 15.32.070(C) shall be fully or partially shielded as required in subsection C of this section.
1. "Fully shielded" means 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.
2. "Partially shielded" means that those fixtures shall be shielded in such a manner that the bottom edge of the shield is below the plane center line of the light source (lamp), minimizing light above the horizontal.
B. Filtration.
1. Those outdoor light fixtures requiring a filter in subsection C of this section shall be equipped with a filter whose transmission is less than five percent total emergent flux at wavelengths less than three thousand nine hundred (3,900) angstroms. Total emergent flux is defined as that between three thousand (3,000) and seven thousand (7,000) angstrom units.
2. Existing mercury vapor fixtures shall be equipped with a filter whose transmission is less than ten percent total emergent flux at wavelengths less than four thousand four hundred (4,400) angstroms when repaired as described in the definition of "installed" in Section 15.32.040. Total emergent flux is defined as that between three thousand (3,000) and seven thousand (7,000) angstrom units or replaced.
C. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table:
|
Fixture Lamp Type |
Shielded |
Filtered4 |
|
Low pressure sodium1 |
Partially |
None |
|
High pressure sodium |
Fully |
None |
|
Metal halide6 |
Fully |
Yes |
|
Fluorescent |
Fully5 |
Yes2 |
|
Quartz3 |
Fully |
None |
|
Incandescent greater than 150W |
Fully |
None |
|
Mercury vapor |
Fully7 |
Yes7 |
|
Fossil fuel |
None |
None |
|
Glass tubes filled with neon, argon, krypton |
None |
None |
|
Other sources |
As approved by the buildings inspector |
Footnotes:
1 This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2 Warm white and natural lamps are preferred to minimize detrimental effects.
3 For the purposes of this chapter, quartz lamps shall not be considered an incandescent light source.
4 Most glass, acrylic or translucent enclosures satisfy these filter requirements.
5 Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.
6 Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be enclosed luminaires.
7 Recommended for existing fixtures. The installation of mercury vapor fixtures is prohibited effective ninety (90) days after the date of adoption of the ordinance codified in this chapter.
(Prior code § 5-86)
15.32.070 Prohibitions
A. Searchlights. The operation of searchlights for advertising purposes is prohibited.
B. Recreational Facility. No outdoor recreational facility, public or private, shall be illuminated by nonconforming means after eleven p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ball park, outdoor amphitheater, arena, or similar facility in progress prior to eleven p.m.
C. Outdoor Building or Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing or other purpose, is prohibited except with incandescent fixtures of less than one hundred fifty (150) watts.
D. Mercury Vapor. The installation of mercury vapor fixtures is prohibited effective ninety (90) days after the date of adoption of the ordinance codified in this chapter. (Prior code § 5-87)
15.32.080 Permanent Exemptions
A. Nonconforming Fixtures. All outdoor light fixtures existing and fully installed prior to the effective date of the ordinance codified in this chapter may remain nonconforming indefinitely; provided, however, that no change in use, replacement, structural alteration, or restoration, or substantial repair of such light fixtures shall be made unless it thereafter conforms to the provisions of these regulations.
B. Fossil Fuel Light. Illumination produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels are exempt from this chapter.
C. Special Exemption. The building official may grant a special exemption to the requirements of Section 15.32.060(C) only upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice.
D. Exemption for Historic Structures and Public Streets and Parks. An exemption may be granted by the building official for the installation of replica historic lighting fixtures and/or rehabilitation of existing historic lighting fixtures on structures, and for said lighting on public streets and rights-of-way and in public parks within the Route 66 overlay, as designated in Chapter 17.48 of this code and on the official zoning map.
Said lighting shall be designed to incorporate the maximum level of shielding possible that will allow the exterior of the fixture to appear historically accurate; and said lighting shall conform to standards established by the Illuminating Engineering Society of North America (IES) regarding recommended lighting levels for the use and placement of the fixture(s). (Ord. 1081, 2008; prior code § 5-88)
15.32.090 Procedures for Compliance
A. Applications.
1. Any individual applying for a building or use permit under the codes adopted by the city intending to install outdoor lighting fixtures shall as a part of said application submit evidence 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 building inspector providing evidence that the proposed work will comply with this chapter.
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 of Submission. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the Winslow building codes and zoning ordinance upon application for the required permit:
1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, other devices, etc.;
2. Description of the illuminating devices, fixtures, lamps, supports and other devices, etc. This description may include:
a. Specific exemptions requested,
b. Type and use of exterior light involved,
c. Duration of time for requested exemption,
d. Type of lamp and calculated lumens,
e. Total wattage of lamp or lamps,
f. Proposed location of exterior light,
g. Previous temporary exemptions, if any,
h. Physical size of exterior light and type of shielding provided.
In addition to the above data, the building inspector may request any additional information which would enable him to make a reasonable evaluation of the request for temporary exemption. (Prior code § 5-89)
15.32.100 Appeal for Temporary Exemption
The building inspector, within five (5) days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right of appeal to the board of adjustment for review pursuant to the procedures applicable to any other appeal of a decision of the building inspector. (Prior code § 5-90)
15.32.110 Violations–Penalties
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a Class 2 misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which a violation of any of the provisions of this chapter is committed, continued or permitted and upon conviction of any such violation such person, firm, or corporation shall be punished as prescribed by the Arizona Revised Statutes. (Prior code § 5-91)