[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.
[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.
[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.
[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.
[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.
[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:
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.
[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.
[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.
[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:
[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:
To spread or scatter widely or thinly.
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.
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.
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.
Seasonal type lights, limited to small individual bulbs on
a string, where the output per bulb is no greater than fifteen (15)
lumens.
The professional society of lighting engineers, including
those from manufacturing companies and others professionally involved
in lighting.
The attachment or assembly fixed in place, whether or not
connected to a power source of any outdoor light fixture.
The light-producing source of electric lighting.
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 falling where it is not needed or wanted, typically
across property boundaries.
Any or all parts of a luminaire that functions to produce
light.
Unit of luminous flux used to measure the amount of light
emitted by lamps.
The total amount of lumens allowed for a specific use per
area described.
The complete lighting unit, including the lamp, the fixture
and other parts.
Any outdoor lighting used for more than one (1) purpose,
such as security and decoration.
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.
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.
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.
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 (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.
Permitting light to pass through but diffusing it so that
peons, objects, etc., on the opposite side are not clearly visible.
[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.
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.
[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.
