[HISTORY: Adopted by the Common Council of the City of Bayfield 10-5-2004
by Ord. No. 318. Amendments noted where applicable.]
This chapter shall be known as "The Bayfield Exterior Lighting Ordinance."
A.
It is the intent of this chapter to define practical
and effective measures by which the obtrusive aspects of excessive and/or
careless outdoor light usage can be minimized, while preserving safety, security
and the nighttime use and enjoyment of property. These measures will reasonably
curtail the degradation of the nighttime visual environment by encouraging
lighting practices that direct appropriate amounts of light where and when
it is needed, increasing the use of energy-efficient sources, and decreasing
the wastage of light and glare resulting from overlighting and poorly shielded
or inappropriately directed lighting fixtures.
B.
In adopting this chapter, credit is hereby given to the
International Darksky Association for its assistance in providing valuable
information and guidance.
A.
New uses, buildings and major additions or modifications.
For all proposed new land uses, developments, buildings, and structures that
require a building permit or other authorization from the City, all outdoor
lighting fixtures shall meet the requirements of this chapter. All building
additions or modifications of 25% or more in terms of additional dwelling
units (rooms), gross floor area, or parking spaces, either with a single addition
or with cumulative additions subsequent to the effective date of this provision,
shall invoke the requirements of this chapter for the entire property, including
previously installed and any new outdoor lighting
B.
Existing uses. Existing uses shall be exempted from the provisions of this chapter in the circumstances as described in § 273-13A. Existing uses and lighting which substantially deviates from § 273-2, Purpose and intent, set forth above, and which are brought to the attention of the City Council by an aggrieved party, may constitute a public nuisance under § 273-2, and subject to abatement or other relief.
C.
Presumption of use after abandonment. If a property or
use with nonconforming lighting is abandoned as defined below, then all outdoor
lighting shall be reviewed and brought into compliance with this chapter before
the use is resumed.
D.
Roadways. Municipal lighting for public roadways is exempt
from the provisions of this chapter. The City, in conjunction with the WI
DOT, will review the municipal lighting with the intent of both meeting the
WI DOT guidelines and the spirit and intent of this chapter.
A.
All nonexempt outdoor lighting fixtures shall be fully
shielded.
B.
All nonexempt outdoor lighting fixtures shall be placed
so as to not cause light trespass or light glare beyond the property boundary.
C.
All nonexempt outdoor lighting fixtures shall be of a
type and placed so as to not allow any light above the horizontal, as measured
at the luminaire.
D.
Seasonal decorations using typical unshielded low-wattage
incandescent lamps shall be permitted from November 10 through January 30.
E.
All lighting for commercial, industrial and any other
nonresidential activities shall be extinguished between 11:00 p.m. (or when
the business closes, whichever is later) and sunrise. Security lighting for
these establishments shall conform to the other provisions of this chapter.
F.
All light fixtures that are required to be shielded shall
be installed and maintained in such a manner that the shielding is effective
as described herein for fully shielded fixtures.
G.
Sensor activated luminaries are permitted provided:
(1)
It is located in such a manner as to prevent glare and
lighting onto properties of others or into a public right-of-way.
(2)
The luminaire is set to only go on when activated and
to go off within five minutes after activation has ceased.
(3)
The luminaire shall not be triggered by activity off
of the property.
H.
Placement and height of luminaries.
(1)
Parking area luminaries shall be no taller than 17 feet
from the ground at their tallest point. Parking area lights are encouraged
to be greater in number, lower in height and lower in light level versus fewer
in number, higher in height and higher in light level.
(2)
Freestanding luminaries on private property in residential
zones shall be mounted at a height equal 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 15 feet, whichever is less.
(3)
Streetlights used on arterial roads may exceed 20 feet
in height, with the recommendation of the City Council, and only with the
finding that exceeding 20 feet is necessary to protect the safety of residents.
(4)
Luminaries used for playing fields shall be exempt from
the height restriction provided all other provisions of this chapter are met
and the light is used only while the field is in use.
A.
External illumination for signs shall conform to all
provisions of this chapter. All upward-directed sign lighting is prohibited.
A.
The purpose of this section is to minimize light pollution of
the waterfront environment without significantly inhibiting safety and security.
B.
This section applies to all lighting on berthing structures,
piers or docks or designed to illuminate those structures. Light fixtures
which do not conform to these provisions may be allowed with a conditional
use permit upon a showing of special circumstances affecting safety, security,
or general public interest. Nonconforming lighting in existence on the effective
date of this section must be brought into compliance within five years.
(1)
Flashing and rotating lights are prohibited.
(2)
Lighting inside a boathouse and intended to illuminate
its interior is permitted.
(3)
Lighting on exteriors of berthing structures, piers or
docks shall be fitted with opaque shields to prevent direct visibility of
the lamp to persons on public waters or adjacent lands more than 50 feet beyond
the berthing structure.
(4)
Lighting not mounted on a berthing structure, piers or docks but designed to illuminate such a structure or its immediate vicinity shall comply with Subsection B(3) above.
(5)
Lighting installed on, or intended to illuminate, seasonally
used berthing structures, piers or docks shall be turned off when not required
for safety or security.
(6)
Public marinas may install illuminated signs with opaque
shaded or shielded lighting that provide information pertaining to applicable
federal state or municipal rules and regulations relating to electrical, fueling,
waste and sewage disposal or other safety and environmental matters. Such
sign illumination shall not be visible from off the berth structure, piers
or docks.
A.
Recreational facilities.
(1)
Lighting for outdoor athletic fields, courts or tracks
shall be exempt from the lumens limits of this chapter.
(2)
Shielding. Fully shielded lighting is required for fields
designed for Class III or IV levels of play (e.g., amateur or municipal league,
elementary to high school, training, recreational or social levels).
(3)
Off-site spill. The installation shall also limit off-site
spill (off the parcel containing the sports facility) to the maximum extent
possible consistent with the illumination constraints of the design.
(4)
Curfew. All events shall be scheduled so as to complete
all activity no later than 10:30 p.m. Illumination of the playing field, court
or track shall be permitted after the curfew only to conclude a scheduled
event that was unable to conclude before the curfew due to unusual circumstances.
Field lighting for these facilities shall be turned off within 30 minutes
after the last event of the night.
B.
Service station canopies and parking structures.
(1)
Shielding. All luminaires mounted on or recessed into
the lower surface of service station canopies and parking structures shall
be fully shielded and utilize flat lenses.
(2)
Total under-canopy output: The total light output used
for illuminating service station canopies, defined as the sum of all under-canopy
initial bare-lamp outputs in lumens, shall not exceed 215 lumens per square
meter (20 lumens per square foot) not limited to luminaires mounted on the
lower surface or recessed into the lower surface of the canopy, any lighting
within signage or illuminated panels over the pumps, and is to be included
toward the total at full initial lumen output.
(3)
The lumen output of lamps mounted on or within the lower
surface of a canopy is included toward the lumens per acre according to the
method defined in above. Other lighting located under a canopy but not mounted
on or within the lower surface is included toward the lumen caps at full initial
output.
C.
Generally. All lighting not directly associated with
the special use areas above shall conform to the lighting standards described
in this chapter, including but not limited to the lamp type and shielding
requirements and the lumens limits.
A.
Submission contents. The applicant for any permit required
by any provision of the laws of this jurisdiction in connection with proposed
work involving outdoor lighting fixtures shall submit (as part of the application
for permit) evidence that the proposed work will comply with this chapter.
The submission shall contain but shall not necessarily be limited to the following,
all or part of which may be part or in addition to the information required
elsewhere in the laws of the City upon application for the required permit:[1]
(1)
Plans indicating the location on the premises of each
illuminating device, both proposed and any already existing on the site;
(2)
Description of all illuminating devices, fixtures, lamps,
supports, reflectors, both proposed and existing. The description may include,
but is not limited to catalog cuts and illustrations by manufacturers (including
sections where required);
(3)
Photometric data, such as that furnished by manufacturers
or similar, showing the angle of cutoff of light emissions.
B.
Additional submission. The above required plans, descriptions
and data shall be sufficiently complete to enable the designated official
to readily determine whether compliance with the requirements of this chapter
will be secured. If such plans, descriptions and data cannot enable this ready
determination, the applicant shall additionally submit as evidence of compliance
to enable such determination such certified reports of tests as will do so
provided that these tests shall have been performed and certified by a recognized
testing laboratory.
C.
Subdivision plats. If any subdivision proposes to have
installed street or other common or public area outdoor lighting, submission
of the information as described herein shall be required for all such lighting.
D.
Lamp or fixture substitution. Should any outdoor light
fixture or the type of light source therein be changed after the permit has
been issued, a change request must be submitted to the designated official
for approval, together with adequate information to assure compliance with
this chapter, which must be received prior to substitution.
E.
Plan review. If the designated official determines that
the proposed lighting does not comply with this chapter, the permit shall
not be issued or the plan approved.
The provisions of this chapter are not intended to prevent the use of
any design, material, or method of installation or operation not specifically
prescribed by this chapter, provided any such alternate has been approved
by the designated official. The designated official may approve any such proposed
alternate providing he/she finds that it:
A.
Request; renewal; information required. Any person may
submit a temporary exemption request to the City Plan Commission. The request
shall contain the following information: [1]
(1)
Specific ordinance exemption(s) requested;
(2)
Duration of requested exemption(s);
(3)
Proposed location on premises of the proposed light fixture(s);
(4)
Purpose of the proposed lighting;
(5)
Information for each luminaire and lamp combination as
required herein;
(6)
Previous temporary exemptions, if any, and addresses
of premises thereunder;
(7)
Such other data and information as may be required by
the designated official.
B.
Approval; duration. The Plan Commission shall have 45
business days from the date of submission of the request for temporary exemption
to act, in writing, on the request. If approved, the exemption shall be valid
for not more than 30 days from the date of issuance of the approval. The approval
shall be renewable upon further written request, at the discretion of the
designated official, for a maximum of one additional thirty-day period. The
designated official is not authorized to grant more than one temporary permit
and one renewal for a thirty-day period for the same property within one calendar
year.[2]
C.
Disapproval; appeal. If the request for temporary exemption
or its extension is disapproved, the person making the request will have the
appeal rights provided by the municipality.
A.
Nonconformance.
(1)
Bottom-mounted or unshielded outdoor advertising sign
lighting shall not be used beginning two years after enactment of this chapter.
(2)
All other outdoor light fixtures lawfully installed prior
to and operable on the effective date of this chapter are exempt from all
requirements of this chapter. There shall be no change in use or lamp type,
or any replacement (except for same type and same-output lamp replacement)
or structural alteration made, without conforming to all applicable requirements
of this chapter. Further, if the property is abandoned, or if there is a change
in use of the property, the provisions of this chapter will apply when the
abandonment ceases or the new use commences.
B.
State and federal facilities. Compliance with the intent
of this chapter at all state and federal facilities is encouraged.
C.
Emergency lighting. Emergency lighting, used by police,
fire-fighting, or medical personnel, or at their direction, is exempt from
all requirements of this chapter for as long as the emergency exists.
D.
Swimming pool and fountain lighting. Underwater lighting
used for the illumination of swimming pools and fountains is exempt from the
lamp type and shielding standards provided herein, though it must conform
to all other provisions of this chapter.
E.
Residential fixtures.
(1)
Outdoor light fixtures attached to residential buildings and
located below the eave and less than 2,000 lumens are exempt from the provisions
of this chapter. Light fixtures 2,000 lumens and over are not exempt. Outdoor
fixtures above the eave or attached to buildings or poles separate from the
residence are not exempt. All spot- or floodlights shall be fully shielded
to prevent glare and light trespass beyond the property boundary, and directed
no more than 45° above straight down. The acceptability and shielding
restrictions applicable to a particular lamp are decided by its initial lumen
output, not wattage; check manufacturer's specifications.
F.
Flags, lighted. United States and State of Wisconsin
flags are exempt from the provisions of this chapter. All other outdoor lighted
flags, such as, but not limited to, decorative and commercial flags, shall
conform to the provisions of this chapter.
G.
Holiday lighting. Holiday lighting is exempt from the
provisions of this chapter from November 10 until January 30 of the following
year.
H.
Towers. Legally required safety lighting for towers shall
be exempt from this chapter.
I.
Airfields and airports. These facilities, both commercial
and noncommercial, shall be exempt from the provisions of this chapter where
lighting is used for air safety reasons. All other lighting shall conform
to this chapter.
As used in this chapter, unless the context clearly indicates otherwise,
certain words and phrases shall mean the following:
Any residential, commercial, industrial or mixed use subdivision
plan or development plan which is submitted to the City for approval.
To spread or scatter widely, or thinly.
Illumination resulting from light emitted directly from a lamp or
luminaire, not light diffused through translucent signs or reflected from
other surfaces such as the ground or building faces.
Outdoor areas where active nighttime sales activity occurs and where
accurate color perception of merchandise by customers is required. To qualify
as a display lot, one of the following specific uses must occur: automobile
sales, boat sales, tractor sales, building supply sales, gardening or nursery
sales, assembly lots, swap meets. Uses not on this list must be approved as
display lot uses by the Plan Commission.
A specific form of lamp designed to direct its output in a specific
direction (a beam) but with a diffusing glass envelope: Such lamps are so
designated by the manufacturers and are typically used in residential outdoor
area lighting.
Unit if illuminance equal to one lumen per square foot. It is the
luminous flux per unit area in the Imperial system. One footcandle equals
approximately 0.1 (0.093) lux.
A luminaire light distribution where no light is emitted above the
horizontal, and where the intensity at 80° from nadir is no greater than
100 candela per 1,000 lamp lumens.
A lighting fixture constructed in such a manner that all light emitted
by the fixture, either directly from the lamp or a diffusing element, or indirectly
by reflection or refraction from any part of the luminaire, is projected below
the horizontal as determined by photometric test or certified by the manufacturer.
Any structural part of the light fixture providing this shielding must be
permanently affixed.
A light ray emanating directly from a lamp, reflector or lens such
that it falls directly on the eye of the observer.
The attachment, or assembly fixed in place, whether or not connected
to a power source, of any outdoor light fixture.
Any adverse effect of man-made light.
Light falling where it is not needed or wanted, typically across
property boundaries.
Unit of luminous flux; used to measure the amount of flight emitted
by lamps.
The complete lighting assembly, less the support assembly. For purposes
of determining total light output from a luminaire, lighting assemblies which
include multiple unshielded or partially shielded lamps on a single pole or
standard shall be considered as a single unit.
Unit of illuminance equal to one lumen per square meter. It is the
luminous flux per unit area in the metric system. One lux equals approximately
10 (10.8) footcandles.
Any outdoor lighting used for more than one purpose, such as security
and decoration.
"Opaque" means that a material does not transmit light from an internal
illumination source. Applied to sign backgrounds, opaque means that the area
surrounding any letters or symbols on the sign either is not lighted from
within, or allows no light from an internal source to shine through it.
An outdoor illuminating device, outdoor lighting or reflective surface,
lamp or similar device, permanently installed or portable, used for illumination
or advertisement. Such devices shall include, but are not limited to lights
used for:
The maximum total amount of light, measured in lumens, from all outdoor
light fixtures. For lamp types that vary in their output as they age (such
as high pressure sodium, fluorescent and metal halide), the intimal output,
as defined by the manufacturer, is the value to be considered.
An area designed for active recreation, whether publicly or privately
owned, including, but not limited to, baseball diamonds, soccer and football
fields, golf courses, tennis courts and swimming pools.
Any individual, tenant, lessee, owner, or any commercial entity including,
but not limited to firm, business, partnership, joint venture or corporation.
A sign illuminated by light sources from the outside.
A sign illuminated by light sources enclosed entirely within the
sign cabinet and not directly visible from outside the sign.
A sign including luminous gas-filled tubes formed into text, symbols
or decorative elements and directly visible from outside the sign cabinet.
A specific form of lamp designed to direct its output in a specific
direction (a beam) and with a clear or nearly clear glass envelope; such lamps
are so designated by the manufacturers, and typically used in residential
outdoor area lighting.
Lighting which does not conform to the provisions of this chapter
and which will not be used for more than one thirty-day period within a calendar
year, with one thirty-day extension. Temporary lighting is intended for uses
which by their nature are of limited duration, for example, holiday decorations,
civic events or construction projects.
Permitting light to pass through but diffusing it so that persons,
objects, etc., on the opposite side are not clearly visible.
The relinquishment of a property, or the cessation of a use or activity
by the owner or tenant for a period of six months, excluding temporary or
short-term interruptions for the purpose of remodeling, maintaining, or otherwise
improving or rearranging a facility. A use shall be deemed abandoned when
such use is suspended as evidenced by the cessation of activities or conditions
which constitute the principal use of the property.
A.
Violations. It shall be unlawful for any person to violate
any provision of this chapter. Each day that the violation continues after
notification of noncompliance shall constitute a separate offense. The municipality
may institute appropriate action or proceedings to enjoin violations of this
chapter.
