A.
All zoning lots in all existing zoning districts and in all zoning districts that shall be created after the effective date of this Part 20 shall comply with the provisions of this Part 20 unless specifically exempted herein.
[Adopted 6-14-2011 by Ord. No. 11-018; amended in its entirety 4-8-2015 by Ord. No. 15-018]
A.
Ordinance compliance. Any existing luminaire or lighting installation used for outdoor lighting in any zoning district that does not presently comply with the requirements of this Part 20 shall be considered a nonconforming use.
B.
Criteria requiring compliance for luminaire or light installation removal or replacement. If any of the following criteria occur for a nonconforming luminaire or light installation existing on any zoning lot, then the luminaire or light installation shall be required to comply with the requirements of §§ 75-55B, C, D, E, F, 75-56A, D, 75-57, 75-58 and 75-59A or must be removed within 90 days:
(1)
The luminaire is changed or replaced (excluding routine maintenance and bulb replacement of equal light output), except if it is part of a parking lot lighting installation that consists of multiple identical luminaires on one pole; or
(2)
The supporting structure for the luminaire is changed or replaced, except if it is a part of a parking lot lighting installation that consists of multiple identical luminaires on one pole; or
(3)
The use of the luminaire is resumed after a period of abandonment of more than 180 days. A written request for an extension of this one-hundred-eighty-day time period shall be granted by the Village Board for a period not to exceed an additional 180 days; or
(4)
The luminaire is producing glare that is deemed by the Village Manager or designee of the Village Board to create a hazard or nuisance; or
C.
Criteria requiring full compliance or complete removal. Any nonconforming luminaire or light installation existing on any zoning lot must fully comply with the requirements of this Part 20 or be completely removed in the event any of the following criteria are met:[1]
(1)
If a cumulative total of 25% or more of the nonconforming luminaires or their supporting structures are changed, removed, replaced (excluding routine maintenance and bulb replacement of equal light output), or relocated for any of the following lighting categories: parking lot lighting; building-mounted lighting; landscape lighting; or canopy lighting; then full compliance is required within that lighting category and in compliance with § 75-55A in regard to the whole site.
(2)
A "principal structure" (as defined in Chapter 220, Zoning, of the Village Code) on said zoning lot is expanded by an amount equal to or greater than 25% of the total square footage of the structure immediately prior to such expansion shall require full compliance for all building-mounted lighting.
(3)
Site improvements which result in an increase of parking spaces by an amount equal to or greater than 25% shall require full compliance for all site lighting.
(4)
A property that is zoned A-1 Agricultural or A-2 Rural Residence is rezoned.
The Chief Building Official, Deputy Building Official and such other persons who are duly appointed as Code Enforcement Officers are hereby authorized to inspect luminaires and lighting installations in all zoning districts subject to this Part 20 to determine compliance with the applicable provisions and, if necessary, to issue notices of violation to the owner, operator or other person or entity responsible for maintenance of the luminaire or lighting installation, if the luminaire or lighting installation fails to comply with the provisions of this Part 20. The notice of violation shall set forth an appropriate time period of not less than 90 days for compliance. In the event the violation is not corrected within the time limits set forth in the notice of violation, proceedings to enforce compliance with the provisions of this Part 20 shall be initiated and conducted in accordance with and pursuant to the provisions of Chapter 1, Article III, Penalties and Enforcement, of the Village Code, which is the Village ordinance establishing a Code Hearing Department for Code violations, or by the filing of an appropriate lawsuit seeking legal and equitable relief in a court of competent jurisdiction.
A.
Gross emission of light.
(1)
Commercial district, public district and industrial district lighting zones.
(a)
The total light output from all luminaires used for outdoor lighting on any zoning lot in a commercial district, public district, and/or industrial district lighting zone shall not exceed 100,000 lumens per net acre. Lighting installations located under canopies shall only contribute 50% toward this limit.
(b)
For the purpose of this Part 20, the lamp lumen output is defined as the initial lumen rating declared by the manufacturer, which consists of the lumen rating of a lamp at the end of 100 hours of operation. Appendix A provides a sample calculation of Gross Emission of Light.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
Exemptions:
B.
Light intensity and uniformity.
(1)
Commercial district, public district and industrial district lighting zones. During permitted hours of operation as defined within this Part 20, outdoor lighting on any zoning lot in a commercial district, public district or industrial district lighting zone shall meet the following requirements for light level as measured in the plane of the illuminated surface:
(2)
Digital outdoor display. The digital outdoor display shall be equipped with a light sensor which shall automatically adjust the luminance of the sign in response to the level of the outdoor lighting in a range between 40 nits during the nighttime hours and 5,000 nits during the daytime hours. Brightness must be measured from the brightest element of the sign's face. The applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set so that it shall not exceed the luminance levels for day and night. Daylight hours are defined as dawn until dusk.
C.
Light direction and control. Any luminaire which is used for uplighting on any zoning lot in a residential district, commercial district, public district or industrial district lighting zone shall have the necessary shielding and/or beam-angle control and/or shall be aimed to substantially confine the directed light to the object intending to be illuminated. Uplighting shall only be permitted for landscape lighting, architectural lighting, flag lighting, and lighting of ground-mounted signs that are not internally illuminated. Uplighting applications shall meet the following requirements:
Uplighting Application | Maximum Inclination | Maximum Light Output (lumens) | |
|---|---|---|---|
Landscape lighting | 60° | 1,1003 (up to 45°) 8004 (up to 60°) | |
Architectural lighting | 45° | 1,1003 | |
Flag lighting1 | 60° | 1,1003 (up to 45°) 8004 (up to 60°) | |
Sign lighting2 | 45° | 1,1003 |
Notes: | ||
1 | The tradition of lowering flags at sunset or the use of a top-mounted fully shielded fixture is encouraged. | |
2 | Ground-mounted, non-internally illuminated signs only. | |
3 | Typical 75W incandescent bulb or 50W low-voltage halogen landscape bulb. | |
4 | Typical 60W incandescent bulb or 35W low-voltage halogen landscape bulb. | |
(1)
Residential district lighting zones.
(a)
Any luminaire with a light output exceeding 1,100 lumens which is used for outdoor lighting on any zoning lot in a residential district lighting zone shall have the necessary shielding and/or beam-angle control and/or shall be aimed so that the direction of all directly emitted light is at or below horizontal. Any luminaire output less than what is listed above does not require shielding. If a motion-activated sensor that illuminates the luminaire for no more than five minutes upon activation is used, however, said luminaire shall have a light output of up to 2,200 lumens (or incandescent bulb of 150 watts).
(b)
Any luminaire with a light output exceeding 2,200 lumens (or incandescent bulb of 150 watts) which is used for outdoor lighting on any zoning lot in a residential district lighting zone shall have the necessary shielding and/or beam-angle control and/or shall be aimed so that the light source is not visible along any property line, as viewed at a height of 36 inches above grade.
(2)
Commercial district, public district or industrial district lighting zones. Except as otherwise stated herein, any luminaire on any zoning lot in a commercial district, public district or industrial district lighting zone which emits light directed at a building, sign, billboard, or other outdoor feature shall be located at or above the top of said object and be aimed and controlled so that the direction of all emitted light is at or below horizontal and the directed light is substantially confined to the object intended to be illuminated.
D.
Light trespass.
(1)
Except for street lighting, light emitted from outdoor lighting on any zoning lot shall not cause the light level along any property line, as measured at a height of 36 inches above grade in a plane at any angle of inclination, to exceed the following limits:
Emitting Zoning Lot | Impacted Zoning Lot | Maximum Light Level (footcandles) | |
|---|---|---|---|
Residential district lighting zone | Residential district lighting zone | 0.1 | |
Residential district lighting zone | Commercial district/public district/industrial district lighting zone | 0.5 | |
Commercial district/public district/industrial district lighting zone | Residential district lighting zone | 0.1 | |
Commercial district/public district/industrial lighting zone | Commercial district/public district/industrial district lighting zone | 0.5 |
(2)
The light level at any property used for governmental, recreational and public purposes in all zoning districts shall not exceed 0.1 footcandle at all property lines.
E.
Permitted hours for outdoor lighting.
(1)
Commercial district, public district and industrial district lighting zones.
(a)
Except for street lighting, outdoor lighting (including, but not limited to, parking lot, area, architectural lighting, landscape, etc.) on any zoning lot in a commercial district, public district or industrial district lighting zone is permitted to be lighted between one-half hour before sunset and 10:00 p.m. or one hour after the close of business based on normal hours of operation of the business, whichever is later. Thereafter, for safety and security purposes, security lighting is permissible at a total light output not greater than 25% of the total light output from all outdoor lighting located on the zoning lot during permitted outdoor lighting hours. During security lighting hours, no luminaire shall exceed its light output exhibited during permitted outdoor lighting hours.
(b)
Exemptions:
[1]
Businesses that are open for 24 hours.
[2]
Outdoor athletic fields. Outdoor lighting of the outdoor athletic field of an organized sporting event on public property that is in progress at the close of permitted outdoor lighting hours shall be allowed to remain illuminated until 30 minutes after the conclusion of the event, but no later than 11:00 p.m. No outdoor lighting of the outdoor athletic field for any sport or recreational purpose shall be initiated after 10:00 p.m.
A.
Fully shielded requirement. Except for uplighting applications permitted within this Part 20, any luminaire used for outdoor lighting in a commercial district, public district or industrial district lighting zone shall be a fully shielded luminaire and shall be installed in the proper orientation to achieve fully shielded performance with respect to a horizontal plane. Appendix C provides a depiction of fully shielded light fixtures.[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
B.
Installed height.
(1)
The installed height of any luminaire used for outdoor lighting on any zoning lot, except for street lighting, shall not exceed the following limits:
Zoning Lot | Maximum Installed Height* (feet) | |
|---|---|---|
Residential district lighting zone | 20 | |
Commercial district/public district/industrial district lighting zone | 25 |
Note: | ||
* | Installed height is defined as the height above average finished grade of the lowest point on an installed luminaire. | |
(2)
Exemption. A maximum installed height of 50 feet shall be permitted for lighting of outdoor athletic fields on public property in all zoning districts.
C.
Street lighting. Any luminaire used for street lighting shall be a fully shielded seventy-watt high-pressure sodium (HPS) luminaire, or lamp equivalent to high-pressure sodium (HPS) in correlated color temperature (CCT) as measured in degrees Kelvin, and shall be installed in the proper orientation to achieve fully shielded performance with respect to a horizontal plane at all public and private streets. Said luminaire, as well as any poles, brackets, supports, and mounting hardware, shall comply with current Village design standards.
D.
Light source requirements. All light sources must have a correlated color temperature of 3,000° Kelvin or less.
The following outdoor lighting applications are prohibited in all zoning districts:
A.
The use of a laser light source;
B.
The use of flickering, flashing, blinking, scrolling, or rotating lights and any illumination that changes intensity;
C.
The use of upward-directed lighting, except as otherwise permitted herein;
D.
Architectural lighting of any portion of a building or structure with a polished or glass exterior surface that uses uplighting;
E.
The use of searchlights;
F.
The use of neon light to accent buildings or architectural features;
G.
The use of a mercury vapor light source except for existing uses in A-1 or A-2 zoning districts used for "agriculture" as defined in Chapter 220, Zoning, of the Village Code; and
H.
Any luminaire creating glare that is deemed by the Village to create a hazard or nuisance.
The following outdoor lighting applications are exempt from all requirements of this Part 20:
A.
Underwater lighting used for the illumination of swimming pools and fountains;
B.
Lighting required by Village, county, state, or federal law, including single-purpose emergency egress lighting on the building;
C.
Temporary lighting used for holiday decoration;
D.
Decorative yard lighting characterized by a flame source;
E.
Portable lighting temporarily used for maintenance or repair that is not deemed by the Village to create a hazard or nuisance;
F.
Emergency response lighting used by police, fire-fighting, emergency management, or medical personnel at their discretion as long as the emergency exists;
G.
Lighting for Village-approved special events such as carnivals, circuses, festivals, picnics, fairs, civic events, and exhibitions; and
H.
Temporary lighting required for road construction or other public improvements.
B.
Preliminary plan submission. During the preliminary approval process, a photometric plan is required, which shall indicate the location of each existing and proposed luminaire, the installed height of said luminaires, and the overall light levels in footcandles on the entire zoning lot and the overall light levels in footcandles at the property lines. The plan shall also indicate any existing luminaires; specify the location of said luminaires and the installed height of said luminaires. All luminaires shall be noted on a luminaire schedule, which must be submitted as a part of the plan submission. Appendix B provides a sample luminaire schedule.[1] Additionally, manufacturer's cut sheets must be submitted for each fixture. Please see the definition of "manufacturer's cut sheet" in § 75-63, Definitions, for the complete requirements of what is to be included with a manufacturer's cut sheet submittal.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
C.
Revisions. If any revisions occur to the photometric plan or to any luminaires between the preliminary and final development approval process, the Village must be notified. A revised photometric plan and manufacturer's cut sheets must also be submitted. Any revisions to any luminaires shall be noted on a luminaire schedule, which must be submitted as a part of the revised plan submission. Appendix B provides a sample luminaire schedule.[2]
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
D.
Final plan submission. During the final approval process, a photometric plan which shows all site lighting must be submitted. This includes all exterior building lighting, parking lot lighting and landscape lighting. The plan shall indicate the location of each existing and proposed luminaire, the installed height of said luminaires, and the overall light levels in footcandles on the entire zoning lot and the overall light levels in footcandles at the property lines. All luminaires shall be noted on a luminaire schedule, which must be submitted as a part of the plan submission. Appendix B provides a sample luminaire schedule. The plan shall also indicate any existing luminaires, specify the location of said luminaires and the installed height of said luminaires. Additionally, manufacturer's cut sheets must be submitted for each fixture. The plan shall include a calculation of the lumens per acre for the site.
E.
Post-approval alterations. Post-approval alterations to photometric plans or intended substitutions for approved lighting equipment shall be submitted to the Village for review and approval, with all plan submission requirements set forth within this Part 20, prior to installation.
F.
Right of inspection. The Village shall have the right to conduct a post-installation inspection to verify compliance with the requirements of this Part 20 and, if appropriate, to require remedial action at the expense of the applicant.
A.
The Village Manager or Village Manager's designee shall grant an administrative variance only in cases where it is demonstrated that unusual practical difficulties exist on the subject property, therefore making the full requirements of this Part 20 impractical to implement fully. An administrative variance shall not exceed 5% of the total light output of 100,000 lumens per net acre as defined in § 75-55A, Gross emission of light. An administrative variance shall not be available or applicable for the following requirements of this Part 20:
(5)
An after-the-fact variance request or to correct a zoning violation.
B.
The applicant shall demonstrate with an administrative variance application and supporting evidence that the strict application of the regulations of this Part 20 would produce undue hardship on the applicant and subject property.
Requests for variances from the requirements of this Part 20 shall be initiated by written application which seeks to vary the provisions of this Part 20. The application requesting a variance shall be accompanied by a fee equal to the fee charged for a zoning variance and shall be submitted to the Plan Commission for initial consideration. The application shall indicate the specific provisions of this Part 20 which the applicant seeks to vary. The Plan Commission shall schedule a public hearing concerning the application. The public hearing shall be conducted in accordance with the notice and hearing requirements of Chapter 220, Zoning, of the Village Code as they pertain to and concern public hearings for variances. The Plan Commission shall also establish appropriate procedures and filing requirements for the applicants requesting variances to follow. After the Plan Commission conducts the public hearing, it shall make a written, recommendation to the Village Board concerning the requested variance. Without further public hearing, the Village Board shall grant, deny or amend the recommendation for variance.
Any person, firm, corporation or business entity who or which violates any provision of this Part 20 shall be subject to a fine of not less than $250 and not more than $1,000 for each separate offense. A separate offense shall be deemed committed on each day a violation occurs or continues to occur.
As used in this Part 20, the following terms shall have the meanings indicated:
Discontinuance in the usage of a lighting installation, or portion thereof, with no intention to resume the usage of such lighting. A lighting installation or portion thereof that has not been operated for a period of 180 days or longer shall be considered to be abandoned.
An administrative dispensation, reviewed and approved by the Village Manager or Village Manager's designee, permitted on individual parcels or property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property, which, because of unusual or unique circumstances or the regulating standards of other regulating agencies, is denied by the terms of this Part 20.
Outdoor lighting directed at buildings, facades, structures, monuments, and other architectural features.
Any building or premises used for dispensing or offering for sale automotive fluids or oils, having pumps and underground storage tanks; also, where battery, tire, and other similar services are rendered, but only if rendered wholly within a building. Automobile service stations shall not include the sales or storage (new or used) of automobiles, trailers, or other vehicles. Automobile service stations shall include mini-marts as a special use.
The drivable surface of an automobile service station, in the immediate vicinity of a fuel pump, where vehicles are parked during fueling.
A surface whereon advertising matter is set in view conspicuously and which advertising does not apply to premises or any use of premises wherein it is displayed or posted.
A roofed structure that is open on at least three sides and typically provides protection from the sun or weather, which is associated with the sale of commercial goods or services.
A lighting area on any zoning lot in a commercial zoning district that is used typically relating to, concerning or arising from the sale or provision of goods or services.
Specification of the color appearance of the light emitted by a lamp, relating its color to the color of light from a reference source when heated to a particular temperature, measured in degrees Kelvin (K).
Digital signs using technologies such as LCD and LED to display content.
A battery-backed lighting device designed to come on automatically when a building experiences a power failure or emergency.
A unit of measure of the intensity of light falling on a surface, equal to one lumen per square foot.
A light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded. Examples of fully shielded light fixtures include, but are not limited to, those illustrated in Appendix C.[1] (Note: To be fully shielded, these fixtures must be closed on top and mounted such that the bottom opening is horizontal.)
A visual disturbance produced by a distinct light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted.
A high-intensity discharge family of lighting that includes high-pressure sodium, fluorescent, mercury vapor, and metal halide type bulbs.
The amount of visible light, as measured in lumens, falling onto a unit of surface area, correlating to the perception of brightness by the human eye. Illuminance is typically measured in lumens per square foot (footcandles) or lumens per square meter (lux).
A lighting area on any zoning lot in an industrial zoning district that is used typically relating to, concerning or arising from the manufacturing, assembling, fabrication, finishing, packaging, or processing of goods.
The height above average finished grade of the lowest point on an installed luminaire.
A sign illuminated by a light source internal to the sign enclosure which is not directly visible externally. For the purposes of this Part 20, a neon-light sign is considered to be an internally illuminated sign.
A unit increment of temperature and is used as a color temperature scale of a light bulb (symbol "K").
The source of light being emitted from a luminaire, such as a bulb.
Outdoor lighting directed at trees, shrubs, plants, flower beds, fountains, gardens, and other natural or landscaped features.
Electromagnetic radiation within a range of wavelengths sufficient for visual perception by the normal, unaided human eye.
BUILDING LIGHTINGAll luminaires mounted on or used to illuminate the exterior of a building, including any luminaires under the roofline.
CANOPY LIGHTINGAll luminaires mounted to and used to illuminate the area under a canopy.
LANDSCAPING LIGHTINGAll luminaires used to illuminate landscaped areas, site features, sidewalk areas, fencing or any exterior site improvements, excluding the building and parking lot.
PARKING LOT LIGHTINGAll luminaires used to illuminate the parking lot.
An arrangement of one or more luminaires, including any mounting hardware, brackets, and supporting structures.
See "illuminance."
The unit used to measure the amount of light which is produced by a lamp.
An individual lighting assembly, including the lamp and any housings, reflectors, globes, lenses, shields or other components designed to block or distribute light. For the purposes of this Part 20, an internally illuminated sign is not considered a luminaire.
A measure of the brightness of a surface which is emitting light. The unit of measurement most commonly used is candelas per square meter, often referred to as "nits" in the United States (1 nit = 1 cd/m2). The nocturnal appearance and environmental effect of objects such as internally lit signs shall be analyzed both by total light output (lumens) and by their surface brightness (nits).
A special instrument that directly measures luminance.
A description of each luminaire identified in the site plan, including the manufacturer, part number, model number, a photograph or catalog cut, correlated color temperature (CCT), photometric data verifying any compliance requirements specified within this Part 20, light output in initial lumens, shielding or glare reduction devices, lamp type, on/off control devices and the location of each luminaire as identified in the site plan.
A sensor which causes a luminaire to become illuminated automatically upon the presence of motion or infrared radiation or a combination thereof within its field of view.
The direction pointing directly downward from the light source of the luminaire that originates from a horizontal plane at the lowest point on the luminaire.
Brightly colored light generated by using electric current to excite a gas or gas mixture (including neon, argon, helium, or other gases) typically contained in a tube which can be bent into various forms for use as decoration or signs. For the purposes of this Part 20, fluorescent tubes are not considered neon light.
The gross acreage minus the acreage devoted to existing street rights-of-way, stormwater retention and detention basins, bodies of water, public parks, school sites, municipal sites, wetlands, floodplains, and areas with slopes greater than 12%.
A unit of measure of luminance (see "luminance").
Any use which was legally established prior to the effective date of this Part 20, or subsequent amendment to it, and which would not be permitted to be established as a new use in the zone in which it is located by the regulations of this Part 20.
A prearranged sports or recreational event involving at least one group or team with a published roster and schedule.
An open outdoor field, court, or track or similar facility used for athletic activity or playing sports such as baseball, soccer, football, tennis, skate park, volleyball, and basketball.
An outdoor area whose primary function is the sale of displayed merchandise, often requiring accurate color perception by customers.
Light generated from an indoor or outdoor source that provides illumination to a surface, building, sign, structure, device, or other outdoor feature which is visible to an observer located outdoors. For the purposes of this Part 20, the light source inside an internally illuminated sign is not considered outdoor lighting.
An illuminance grid plan for multi-fixture lighting installations that demonstrates compliance with all applicable requirements set forth in this Part 20.
A structure in which a principal use of the lot on which the structure is located is conducted.
A lighting area on any zoning lot in a public zoning district that is used for governmental buildings and public schools.
A drivable surface intended for use by the general public for parking of motorized vehicles.
Any zoning lot in a residential or agricultural zoning district that has as its primary use a single-family residential dwelling or a two-family residential dwelling, as defined in Chapter 200, Zoning, of the Village Code.
A lighting installation designed to project a high-intensity beam of approximately parallel rays of light that is typically used to sweep the sky for promotional purposes.
A battery-backed lighting device designed to come on automatically when a building experiences a power failure or emergency. A single-purpose fixture can only be used for the sole purpose of emergency egress lighting. It shall not be considered as exempt from the provisions of this Part 20 when used as a dual-purpose fixture.
One or more luminaires or light installations designed to illuminate a public roadway or intersection.
Lighting applications which direct light above a horizontal plane.
A dispensation permitted on individual parcels or property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property, which, because of unusual or unique circumstances, is denied by the terms of this Part 20.
See "light."
A parcel of land, composed of one or more recorded lots or a parcel of land described by metes and bounds, that is of sufficient size to meet the minimum district requirements of this Part 20 and having frontage on an improved public or private street, and which is designated by its owner or developer as a tract of land to be used, developed, or built upon as a unit, under a single ownership or control. A "zoning lot" shall or shall not coincide with the definition of a "lot of record."
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.