City of Byrnes Mill, MO Chapter 420 Outdoor Lighting

Section 420.010 Title.

[R.O. 2011 §420.010; Ord. No. 608-05 §I, 10-5-2005]

This Chapter shall be know as the City of Byrnes Mill Outdoor Lighting Ordinance.

Section 420.020 Applicability.

[R.O. 2011 §420.020; Ord. No. 608-05 §I, 10-5-2005]

All outdoor lighting installed after the effective date of this Chapter in any and all zones in the City shall conform to the requirements established by this Chapter and other applicable ordinances unless otherwise exempted. This Chapter does not apply to indoor lighting.

Section 420.030 Outdoor Lighting Requirements.

[R.O. 2011 §420.030; Ord. No. 608-05 §I, 10-5-2005]

A. All outdoor lighting fixtures shall be fully shielded and installed, maintained and aimed in such a manner that the shielding is effective as described herein for fully shielded fixtures.

B. All outdoor lighting fixtures except for those used for illumination of public roadways shall be placed so as to not cause light trespass or glare beyond the property boundary.

C. Flood or spot lamps must be fully shielded and aimed no higher than forty-five degrees (45°) above straight down when the source is visible from any off-site residential property or public roadway.

D. Lumen Caps.

1. Properties in agricultural districts (A) shall not exceed thirty thousand (30,000) lumens per acre.

2. Properties in light industrial districts (I-1, I-2) shall not exceed thirty thousand (30,000) lumens per acre.

3. Properties in commercial districts (B-1) shall not exceed seventy thousand (70,000) lumens per acre with the exception of the hours between 11:00 P.M. (or when business closes, whichever is later) and sunrise where the lumen output shall not exceed thirty thousand (30,000) lumens per acre.

E. Low-pressure sodium lamps are the preferred illumination source throughout the City and their use is strongly encouraged. The installation of mercury vapor light fixtures or replacement equipment other than bulbs is prohibited.

F. Laser source lights, strobe or flashing lights, motion or illusion lights or any similar high intensity lights are prohibited.

Section 420.040 Outdoor Advertising Signs.

[R.O. 2011 §420.040; Ord. No. 608-05 §I, 10-5-2005]

A. External Illumination Signs. Outdoor externally illuminated signs shall conform to all provisions of this Chapter and their luminous output shall be counted towards the lumen cap. All upward or side directed sign lighting is prohibited.

B. Internally Illuminated And Neon Signs.

1. Outdoor internally illuminated signs must be constructed with an opaque background and translucent text and symbols. Lamps used for internal illumination of such signs shall not be counted towards the lumen cap.

2. Neon signs shall be treated as internally illuminated signs for the purposes of this Chapter and shall not be counted towards the lumen cap.

3. Other internally illuminated panels or decorations not considered to be signage (such as illuminated canopy margins) shall be considered decorative lighting and shall be subject to the standards applicable for such lighting, including, but not limited to, the lamp source, shielding standards and lumen cap.

C. Illumination of outdoor, off-site signs is prohibited.

Section 420.050 Special Uses.

[R.O. 2011 §420.050; Ord. No. 608-05 §I, 10-5-2005]

A. Recreational Facilities.

1. Lighting for outdoors athletic fields, courts or tracks shall be exempt from the lumen caps of this Chapter.

2. Fully shielded lighting is required and must be installed and maintained with aiming angles that permit no greater than five percent (5%) of the light emitted by each fixture to project above the horizontal.

3. All lighting installations shall be designed to achieve no greater than the minimal illumination levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA RP-6).

4. Every such lighting system design and installation shall be certified by a registered engineer as conforming to all applicable restrictions of this Chapter.

5. All events shall be scheduled so as to complete all activity no later than 10:30 P.M. (the curfew). 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.

B. Service Station Canopies.

1. All lighting fixtures mounted on or recessed into the lower surface of service station canopies shall be fully shielded and utilize flat lenses.

2. The total light output used for illuminating service station canopies, defined as the sum of under-canopy initial bare-lamp outputs in lumens, shall not exceed forty (40) lumens per square foot of canopy. All lighting mounted under the canopy except internally illuminated signs shall be included in the total. Fifty percent (50%) of the lumen output of all fixtures mounted within or under a canopy, except internally illuminated signs, shall be included in the lumen caps.

3. 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.

Section 420.060 Temporary Lighting.

[R.O. 2011 §420.060; Ord. No. 608-05 §I, 10-5-2005]

A. Non-conforming temporary outdoor lighting may be permitted by the Building Inspector only after considering:

1. The public benefits which will result from the temporary lighting;

2. Any annoyance or safety problems that may result from the use of the temporary lighting; and

3. The duration of the temporary non-conforming lighting.

B. The applicant shall submit a detailed description of the proposed temporary non-conforming lighting to the Building Inspector.

C. If approved, the permit shall be valid for not more than thirty (30) days from the date of issuance. The approval shall be renewable upon further written request at the discretion of the designated official for a maximum of one (1) additional thirty (30) day period. The designated official is not authorized to grant more than one (1) temporary permit and one (1) renewal within one (1) calendar year.

Section 420.070 Non-Conforming Lighting.

[R.O. 2011 §420.070; Ord. No. 608-05 §I, 10-5-2005]

A. No outdoor lighting fixture which was lawfully installed prior to the enactment of this Chapter shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a non-conforming fixture unless the fixture thereafter conforms to the provisions of this Chapter, except that identical lamp replacement is allowed.

B. Mercury vapor lamps in use for outdoor lighting shall not be so used after January 1, 2010.

C. Bottom or side-mounted outdoor advertising sign lighting shall not be used after January 1, 2010.

D. In the event that an outdoor lighting fixture is abandoned or is damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions of this Code.

E. Compliance with the intent of this Chapter at all State and Federal facilities is encouraged.

F. Emergency lighting, used by Police, fire-fighting, military or medical personnel or at their direction, is exempt from all requirements of this Chapter for as long as the emergency exists.

G. 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.

H. Outdoor light fixtures of "coach light" design (as determined by the designated official) and having less than one thousand (1,000) lumens are exempt from the provisions of this Chapter.

I. Lighting for the illumination of United States and Missouri State flags is exempt from the provisions of this Chapter. All other lighting for flags, such as, but not limited to, decorative and commercial flags, shall conform to the provisions of this Chapter.

J. Holiday lighting is exempt from the provisions of this Chapter from November tenth (10th) until January fifteenth (15th) of the following year.

K. Unless otherwise legally required, all radio, communication and navigation towers that require lights shall have dual lighting capabilities. For daytime, a white strobe light may be used and for nighttime, only red lights shall be used.

L. Airfields and airports, both commercial and non-commercial, 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.

M. Street lights use for illumination of public rights-of-way shall be excluded from lumen caps and time restrictions, if any.

Section 420.080 Submittals.

[R.O. 2011 §420.080; Ord. No. 608-05 §I, 10-5-2005]

A. Applications for building or electrical permits for outdoor lighting or signage, conditional use permits, subdivision approvals or any development plans approved by the City shall, as a part of said application, submit sufficient information to enable the Building Inspector to determine whether the proposed lighting will comply with this Chapter.

B. All applications, except those for single-family residences, shall include the following:

1. A site plan indicating the proposed location of all outdoor lighting fixtures;

2. A description of each illuminating device, fixture, lamp, support and shield. This description may include, but is not limited to, manufacturer's catalogue cuts and drawings (including Sections where required), lamp types and lumen outputs; and

3. Such other information as the Building Inspector may determine necessary to ensure compliance with this Chapter.

C. If the Building Inspector determines that the proposed lighting does not comply with this Chapter, the permit shall not be issued.

Section 420.090 Approved Materials, Construction, Installation and Operation.

[R.O. 2011 §420.090; Ord. No. 608-05 §I, 10-5-2005]

A. 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 Building Inspector. The Building Inspector may approve any such proposed alternate providing he/she finds that it:

1. Provides at least approximate equivalence to applicable specific requirements of this Chapter.

2. Is otherwise satisfactory and complies with the intent of this Chapter.

Section 420.100 Definitions.

[R.O. 2011 §420.100; Ord. No. 608-05 §I, 10-5-2005]

As used in this Chapter, unless the context clearly indicates otherwise, certain words and phrases used in this Chapter shall mean the following:

DIFFUSE

To spread or scatter widely or thinly.

FLOOD LAMP

A specific form or 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.

FULL INITIAL OUTPUT

For lamp types that vary in their output as they age (such as high pressure sodium, fluorescent and metal halide), the optimal output, as defined by the manufacturer, is the value to be considered.

FULLY SHIELDED LIGHT FIXTURE

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.

GLARE

A light ray emanating directly from a lamp, reflector or lens such that it falls directly on the eye of the observer.

HOLIDAY LIGHTING

Seasonal type lights, limited to small individual bulbs on a string, where the output per bulb is no greater than fifteen (15) lumens.

IESNA — ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IES OR IESNA)

The professional society of lighting engineers, including those from manufacturing companies and others professionally involved in lighting.

INSTALLED

The attachment or assembly fixed in place, whether or not connected to a power source of any outdoor light fixture.

LAMP

The light-producing source of electric lighting.

LIGHT FIXTURE

The complete lighting assembly, less the support assembly. For purposes of determining total light output from a fixture, lighting assembles which include multiple lamps are treated as a single unit.

LIGHT TRESPASS

Light falling where it is not needed or wanted, typically across property boundaries.

LIGHTING

Any or all parts of a luminaire that functions to produce light.

LUMEN

Unit of luminous flux used to measure the amount of light emitted by lamps.

LUMEN CAP

The total amount of lumens allowed for a specific use per area described.

LUMINAIRE

The complete lighting unit, including the lamp, the fixture and other parts.

MULTI-CLASS OR MULTI-USE LIGHTING

Any outdoor lighting used for more than one (1) purpose, such as security and decoration.

OPAQUE

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.

OUTDOOR LIGHT FIXTURE

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:

1. Parking lot lighting;

2. Roadway lighting;

3. Buildings and structures;

4. Recreational areas;

5. Landscape lighting:

6. Billboards and other signs (advertising or other);

7. Product display area lighting;

8. Building overhangs and open canopies.

OUTDOOR LIGHT OUTPUT, TOTAL

The maximum total amount of light, measured in lumens, from all outdoor light fixtures.

OUTDOOR RECREATION FACILITY

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.

RECESSED

When a light is built into a structure or portion of a structure such that the light is fully cut off and no part of the light extends or protrudes beyond the underside of a structure or portion of a structure.

SIGN, EXTERNALLY ILLUMINATED

A sign illuminated by light sources from the outside.

SIGN, INTERNALLY ILLUMINATED

A sign illuminated by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign.

SIGN, NEON

A sign, including luminous gas-filled tubes, formed into text, symbols or decorative elements and directly visible from outside the sign cabinet.

SPOTLAMP

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.

TEMPORARY LIGHTING

Lighting which does not conform to the provisions of this Chapter and which will not be used for more than one (1) thirty (30) day period within a calendar year, with one (1) thirty (30) day extension. Temporary lighting is intended for uses, which by their nature are of limited duration, for example civic events or construction projects.

TRANSLUCENT

Permitting light to pass through but diffusing it so that peons, objects, etc., on the opposite side are not clearly visible.

Section 420.110 Enforcement.

[R.O. 2011 §420.110; Ord. No. 608-05 §I, 10-5-2005]

A. Authority Of Building Commissioner. The designated official of the City shall be responsible for the enforcement of this Chapter and may, at any time the designated official deems necessary, inspect any lighting fixture regulated by this Chapter.

B. Written Notice To Be Given Of Violations. If it is found that a lighting fixture is in violation of this Chapter, the designated official shall give written notice to the owner of the lighting fixture or, if the owner cannot be located within thirty (30) days by the designated official, to the owner of the premises on which the lighting fixture is located stating:

1. The violations found;

2. The conditions must be brought into compliance with this Chapter within thirty (30) days or written proof must be presented within thirty (30) days that work has been contracted to correct violations by not later than sixty (60) days from the date of the notice;

3. The specific standards that must be met; and

4. Failure to comply or to make good faith efforts to comply with the terms of this notice shall constitute grounds for the designated official to order removal of the lighting fixture at the expense of the lighting fixture owner or owner of the premises as provided by this Chapter.

C. Removal Of Lighting Fixtures By Designated Official. The designated official may remove a lighting fixture if:

1. The violations set out in a written notice have not been corrected within sixty (60) days after mailing of the notice; and/or

2. The lighting fixture owner or premises owner is not able to prove to the designated official's satisfaction of good faith efforts to bring the lighting fixture into compliance.

D. Costs To Lighting Fixture Owners Or Premises Owner. The cost of lighting fixture repair or removal shall be charged;

1. To the lighting fixture owner.

2. If the lighting fixture owner cannot be located by the designated official within thirty (30) days, to the premise owner.

E. Expenses Incurred To Be Assessed As Lien On Property. In the event of failure by any party to reimburse the City within sixty (60) days for costs incurred for repair or removal ordered by the designated official, the Board of Alderpersons shall certify the charges for repair or removal to the City Clerk as a special assessment represented by a special tax bill against the real property on which the lighting fixture has been installed. The tax bill shall be a lien upon the property and shall be enforced to the same extent and in the same manner as all other special tax bills. The assessment shall bear interest at the rate of ten percent (10%) per annum.

Section 420.120 Appeals and Variances.

[R.O. 2011 §420.120; Ord. No. 240-92 §16, 7-15-1992; Ord. No. 608-05 §I, 10-5-2005]

A. The Board of Adjustment is authorized to review or modify the designated official's order or determination with respect to lighting fixtures covered by this Chapter and to that end shall, during appeal, have all the designated official's powers. In addition, the Board may grant variances from this Chapter as provided by this Zoning Code.

1. Guidelines for overturning or modifying Building Commissioner's decision. The Board of Adjustment shall, in considering appeals from the designated official's order or determination, establish that the lighting fixture or application in question complies with all the requirements of this Chapter. If it is determined that the designated official's application for this Chapter to the appellant's lighting fixture or request for a permit is erroneous, then the Board of Adjustment may overturn or modify the designated official's decision.

2. Grounds for granting variance. The Board of Adjustment may grant variances from this Chapter where it is found that because of the limitations on character, type or total output of lighting fixtures, the permittee would be subject to undue hardship. Undue hardship, however, is not a mere loss of a possible advantage or convenience to the applicant.

3. Supporting regulations. Insofar as they are applicable and consistent, the provisions of Article XXII, Zoning Board of Adjustment, of Chapter 400 shall be applicable to appeals taken to the Board of Adjustment for variances from or interpretations of this Chapter.