Chapter 18.97
DARK SKIES
Sections:
18.97.020 Applicability and exemptions.
18.97.040 Outdoor lighting standards.
18.97.070 Enforcement and penalties.
18.97.010 Purpose.
It is the purpose and intent of this code to balance the goals of Helper City to maintain its small-town character with the need to limit glare and light trespass, reduce night sky glow, conserve energy, provide safe lighting practices, and promote astrotourism, while protecting individual property rights.
A. The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principal among these concerns are:
1. The degradation of the nighttime visual environment by production of unsightly and dangerous glare;
2. Lighting practices that interfere with the health and safety of Helper’s citizens and visitors;
3. Unnecessary waste of energy and resources in the production of too much light or wasted light;
4. Interference in the use or enjoyment of property which is not intended to be illuminated at night, and the loss of the scenic view of the night sky due to increased urban sky glow.
B. The concerns of safety, utility and aesthetic appearance need not compete. Good modern lighting practices can provide adequate light for safety and utility without excessive glare or light pollution. In nearly all cases, careful attention to when, where and how much nighttime lighting is needed will lead to better lighting practices.
C. The topography and atmospheric conditions in Carbon County are uniquely suited for government, military, commercial, and private astronomical observation in the area. Unnecessary or excessive uses of outdoor nighttime lighting have an adverse impact on astronomical observation even at relatively great distances.
D. Accordingly, it is the intent of this code to require lighting practices and systems which will minimize light pollution, glare, light trespass, and conserve energy while maintaining nighttime safety, utility, security and productivity.
E. In support of dark skies, events will be held twice a year to educate our community both about the value of this effort as well as about the sky itself. These events will be coordinated by Helper City Public Library and may include visiting speakers and the creation of a dark skies community club or committee.
F. Enforcement of this effort will be conducted by the enforcement officer under the direction of the police chief and mayor. Appeals will be made directly to the Helper hearing officer. [Ord. 2018-5].
18.97.020 Applicability and exemptions.
All exterior outdoor lighting installed after the effective date hereof in the town shall conform to the requirements established by this chapter. This chapter does not apply to indoor lighting. However, light trespass from interior lighting that negatively impacts adjacent properties is also prohibited.
A. Exemptions.
1. Temporary lighting for decoration/seasonal, theatrical, television, performance areas, and construction sites, except as allowed by permit at the discretion of the city council.
2. Underwater lighting in swimming pools and other water features.
3. Lighting that is only used under emergency conditions.
4. Lighting required by federal, state, county or city ordinances and regulations.
5. Outdoor recreational facilities are exempt from lumen cap and shielding, but must comply with 3,000 degrees Kelvin temperature requirement. Lights must be extinguished promptly after a sponsored event. [Ord. 2018-5].
18.97.030 Definitions.
“Correlated color temperature (CCT)” means the temperature at which a blackbody emits radiant energy competent to evoke a color the same as that evoked by radiant energy from a given source (such as a lamp).
“Dark sky fixture or fully shielded” means any light fixture that emits its light below 90 degrees when measured from zero to 180 degrees vertical. Dark sky fixtures keep most of their light from reaching the night sky.
“Dark sky shield” means anything that is used to shield a light fixture so that it behaves as a fully shielded fixture. These include but are not limited to, for example, fixtures outfitted with caps or housings or installed under canopies, building overhangs, roof eaves or shielded by other structures, objects or devices.
“Electronic messenger system (EMS)” means electronic messenger system with scrolling messages.
“Emergency” refers to lighting as required by civil officers, agents and officials to perform their duties to maintain the public health, safety and welfare.
“Fully shielded fixture” any light fixture that emits its light below 45 degrees when measured from zero to 180 degrees vertical. Fully shielded fixtures keep most of their light from reaching the night sky and also minimize ground reflection and reduce light scatter beyond the property line.
“Kelvin” means relating to, conforming to, or having a thermometric scale on which the unit of measurement equals the Celsius degree and according to which absolute zero is okay.
“Light fixture” means any device intended to produce outdoor illumination.
“Lumen” means a unit of luminous flux equal to the light emitted in a unit solid angle by a uniform point source of one candle intensity.
“Motion sensor” means any device that turns a light fixture on when it detects motion and off when motion stops.
“Nits (candela)” means the base unit of luminous intensity in the International System of Units that is equal to the luminous intensity in a given direction of a source which emits monochromatic radiation.
“Switch” means any device that can be manually controlled by a person to turn a light fixture on and off. For the purpose of this chapter, switches include motion sensors but switches do not include light sensors or timers.
“Temporary” refers to lighting as required by citizens to carry out legally approved activities for durations as specified in the permits for those activities. These include but are not limited to, for example, activities such as nighttime agricultural operations, construction work lighting, and seasonal decorations, but in no case for more than a period of 60 days without an exemption granted by Helper City. [Ord. 2018-5].
18.97.040 Outdoor lighting standards.
A. Temperature of Lamps. Lamps shall not exceed a maximum correlated color temperature (CCT) of 3,000 degrees Kelvin.
B. Lamp and Shielding. All light fixtures over 1,500 lumens are required to be fully shielded and installed so that the shielding complies with the definition of a fully shielded light fixture.
C. Light Trespass Standard. All light fixtures, including motion sensing fixtures and security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source, including any public or private street or road.
D. Signs.
1. Front Lit. Any light with the intention to illuminate a sign must be oriented from the top and shine down.
2. Back Lit.
a. The sign design may not contain any more than 25 percent white, including lettering.
b. Transparent or clear materials are not allowed.
c. Nonface portions of the sign (e.g., background and sides) shall be made of completely opaque material.
d. Internal lights must not exceed 3,000 degrees Kelvin if greater than or equal to 1,500 lumens.
3. Neon.
a. Any sign consisting of more than three feet of neon must be extinguished no more than four hours after sundown during daylight savings and six hours during regular mountain time.
b. Signs with the purpose of historic preservation and/or historic mimicking may get approval from the city council to extend night illumination time.
4. Electronic.
a. Luminance levels for operation after sundown shall not exceed 100 nits (candela per square meter) as measured under conditions of a full white display.
b. Luminance levels for operation in the morning before sunrise shall not exceed 100 nits.
c. Messages appearing on EMSs shall not be displayed for less than 30 seconds and require no longer than 0.25 seconds to transition from one message to another. Moving text is prohibited.
d. The luminous surface area of an individual EMS shall not exceed 10 square feet.
e. EMSs shall not be placed within 1,000 feet (300 meters) of another off-premises changeable electronic variable message sign on the same side of the highway, regardless of face orientation.
f. EMSs shall not be placed within 1,000 feet (300 meters) of residential areas.
g. The device owner or the permit holder shall continuously monitor signs 24 hours per day, including monitoring the reliability of hardware, software, network and other support infrastructure.
h. Signs shall contain a default mechanism so that in the event 50 percent or more of an EMS’s LED emitters have failed, the sign will immediately revert to an unlit black screen and remain in such condition until the malfunction is corrected.
E. Parking Lots.
1. Spot or flood lighting of parking lots from a building or other structure is prohibited.
2. The overall height of any light post used to illuminate parking lots in commercial zones shall not exceed 16 feet. All post mounted parking lot lights shall be set back from property lines a distance that is determined appropriate by the planning commission.
3. The overall height of any light post used to illuminate parking lots in residential zones shall not exceed 16 feet.
4. All parking lot lighting shall use full cutoff fixtures.
F. Gas Station Canopies. Gas station canopies may be illuminated, provided all light fixtures are mounted on the undersurface of the canopy, all light fixtures are full cutoff and diffusers are not visible from locations off the property. Except for directed beam lighting, merely placing the fixtures on the underside of the canopy does not qualify as fully shielding the light fixture. Directed beam lighting mounted under the canopy is allowed, provided the light source cannot be seen from outside the property boundaries.
G. Total Outdoor Light Output Standards – Nonresidential and Multifamily Uses.
1. Total outdoor unshielded light output shall not exceed 15,000 lumens per net acre for all development except single-family residential uses. This cap is not intended to be achieved in all cases or as a design goal. Instead, design goals should be the lowest levels of lumens necessary to meet the lighting requirements of the site. Of the 10,000 lumens, 5,000 lumens must be fully shielded with 5,000 unshielded.
2. Seasonal decorations are not counted toward this limit.
H. Total Outdoor Light Output Standards – Single-Family Residential Uses.
1. Outdoor lighting for single-family residential uses is subject to a lumen per net acre cap of 10,000 lumens net. The policy per net acre is 10,000 lumens.
2. Outdoor lighting for single-family residential uses is subject to the lamp fixture and shielding requirements.
I. Roadway/Streetlights. Streetlights are allowable as recommended by the public works administrator or city council. All streetlights shall utilize lamp types that are energy efficient and minimize sky glow and other negative impacts of artificial lighting. They shall not exceed 10,000 lumens per net acre. Lighting shall meet safety concerns with a goal of using the lowest levels of lumens necessary.
J. New Public Lighting – Streetlights/Public Property and Rights-of-Way.
1. All new streetlights are allowed as recommended by public works administrator and council. They will adhere to all standards as indicated including energy efficient lighting which minimizes sky glow. They shall not exceed 10,000 lumens per net acre. Lighting shall meet safety concerns with a goal of using the lowest levels of lumens necessary.
2. Public Property. Properties owned by Helper such as parks and other community gathering spaces will adhere to all standards as indicated. They will adhere to all standards as indicated including energy efficient lighting which minimizes sky glow. Lighting shall meet safety concerns with a goal of using the lowest levels of lumens necessary.
3. Rights-of-Way. All rights-of-way will adhere to all standards as indicated. They will adhere to all standards as indicated including energy efficient lighting which minimizes sky glow. Lighting shall meet safety concerns with a goal of using the lowest levels of lumens necessary.
4. All new public lighting will be part of the planning and zoning process in which public buildings, public property and rights-of-way lighting is determined. This will be incorporated as part of the zoning process moving forward to ensure compliance with this chapter.
K. Prohibited Lighting.
1. Up lighting to illuminate buildings, other structures or vegetation.
2. Flashing, blinking, intermittent or other lights that move or give the impression of movement, not including temporary holiday lighting.
3. Floodlights or spotlights affixed to buildings for the purpose of lighting parking lots or sales display lot areas.
4. Searchlights, laser source lights or any similar high intensity light.
5. Except when used in window signage pursuant to subsection (D)(3) of this section, neon or luminous tube lighting, either when outdoor mounted or indoor mounted, if visible beyond the property boundaries. [Ord. 2018-5].
18.97.050 Lighting control.
A. Light fixtures with motion sensors and/or timers are required to minimize the duration of nighttime lighting.
B. Fully shielded fixtures are required where any lights, even those below 1,500 lumens, are mounted on structures or poles higher than the first level above ground level to protect the view of the night sky, minimize ground reflection, and reduce light scatter beyond the property line.
C. Statuary and flags shall be lit from above to minimize sky glow. [Ord. 2018-5].
18.97.060 Implementation.
A. New Uses, Buildings and Major Additions or Modifications. If the total cumulative increase in floor area is greater than 50 percent for single-family residential or greater than 25 percent for all other uses, or if the total cumulative cost of any exterior modification, alteration or repair is greater than 25 percent of the valuation of the building as determined by the appointed city council member, then all outdoor lighting fixtures shall meet the requirements of this code for the entire site, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting 25 percent or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a nonconforming site, shall constitute a major addition for purposes of this section.
B. Minor Additions. If the total cumulative increase in the floor area is 50 percent or less for single-family residential or 25 percent for all other uses, or if the total cumulative cost of any exterior modification, alteration or repair is less than 25 percent of the valuation of the building as determined by the appointed city council member, then full conformance of the existing portion of the building or structure is not required. However, such projects shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting.
C. New Lighting. Any new lighting on the site shall meet the requirements of this code with regard to shielding and lamp type; the total outdoor light output after the modifications are complete shall not exceed that on the site before the modification, or that permitted by this code, whichever is larger.
D. Resumption of Use after Abandonment. If a property or use with nonconforming lighting is abandoned, nonconforming situations, then all outdoor lighting shall be reviewed and brought into compliance with this code before the use is resumed.
E. Existing Lighting.
1. On or before five years, all outdoor lighting shall comply with this code.
a. This may be done through replacement or retrofitting.
F. Public Roadways. In general, this code does not apply to city and state rights-of-way or the Union Pacific rail yard but efforts will be made to discuss and bring the rail yard into line as much as possible. However, all such street lights must be fully shielded. [Ord. 2018-5].
18.97.070 Enforcement and penalties.
All code, including lighting code, requires enforcement. Lighting code enforcement is essential to achieving a sustained reduction of light pollution and conservation of the night sky.
A. The penalty for violation of any portion of this chapter shall be:
1. First Notice. A notice to the property owner requesting compliance within six months.
2. Second Notice. If after six months the violation exists a notice may be given to appear before the Helper City hearing officer to discuss options to come into compliance.
3. Third Notice. If after 12 months a violation of the provisions of this chapter shall be an infraction punishable by penalties up to $750.00. [Ord. 2018-5].
18.97.080 Conflicts.
Where any provision of federal, state, county, or city statutes, codes, or laws conflicts with any provision of this code, the most restrictive shall govern unless otherwise regulated by law. If any provision of the Helper City Code should conflict with the provisions of this chapter, this chapter shall supersede and be the controlling and enforceable provision. [Ord. 2018-5].