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.
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;
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.
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:
ABANDONMENT
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.
ADMINISTRATIVE VARIANCE
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.
ARCHITECTURAL LIGHTING
Outdoor lighting directed at buildings, facades, structures,
monuments, and other architectural features.
AUTOMOBILE SERVICE STATION (GAS STATION)
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.
BILLBOARD
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.
CANOPY
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.
COMMERCIAL DISTRICT LIGHTING ZONE
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.
CORRELATED COLOR TEMPERATURE
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).
EMERGENCY EGRESS LIGHTING
A battery-backed lighting device designed to come on automatically
when a building experiences a power failure or emergency.
FOOTCANDLE
A unit of measure of the intensity of light falling on a
surface, equal to one lumen per square foot.
FULLY SHIELDED
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. (Note: To be fully shielded, these fixtures must be closed
on top and mounted such that the bottom opening is horizontal.)
GLARE
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.
HID LIGHTING
A high-intensity discharge family of lighting that includes
high-pressure sodium, fluorescent, mercury vapor, and metal halide
type bulbs.
ILLUMINANCE
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).
INDUSTRIAL DISTRICT LIGHTING ZONE
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.
INSTALLED HEIGHT
The height above average finished grade of the lowest point
on an installed luminaire.
INTERNALLY ILLUMINATED SIGN
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.
KELVIN
A unit increment of temperature and is used as a color temperature
scale of a light bulb (symbol "K").
LAMP
The source of light being emitted from a luminaire, such
as a bulb.
LANDSCAPE LIGHTING
Outdoor lighting directed at trees, shrubs, plants, flower
beds, fountains, gardens, and other natural or landscaped features.
LIGHT
Electromagnetic radiation within a range of wavelengths sufficient
for visual perception by the normal, unaided human eye.
LIGHTING CATEGORIES
A.
BUILDING LIGHTINGAll luminaires mounted on or used to illuminate the exterior of a building, including any luminaires under the roofline.
B.
CANOPY LIGHTINGAll luminaires mounted to and used to illuminate the area under a canopy.
C.
LANDSCAPING LIGHTINGAll luminaires used to illuminate landscaped areas, site features, sidewalk areas, fencing or any exterior site improvements, excluding the building and parking lot.
LIGHTING INSTALLATION
An arrangement of one or more luminaires, including any mounting
hardware, brackets, and supporting structures.
LUMEN
The unit used to measure the amount of light which is produced
by a lamp.
LUMINAIRE
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.
LUMINANCE
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).
MANUFACTURER'S CUT SHEET
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.
MOTION-ACTIVATED SENSOR
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.
NADIR
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.
NEON LIGHT
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.
NET ACREAGE
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%.
NIT(S)
A unit of measure of luminance (see "luminance").
NONCONFORMING USE
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.
ORGANIZED SPORTING EVENT
A prearranged sports or recreational event involving at least
one group or team with a published roster and schedule.
OUTDOOR ATHLETIC FIELD
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.
OUTDOOR DISPLAY LOT
An outdoor area whose primary function is the sale of displayed
merchandise, often requiring accurate color perception by customers.
OUTDOOR LIGHTING
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.
PHOTOMETRIC PLAN
An illuminance grid plan for multi-fixture lighting installations
that demonstrates compliance with all applicable requirements set
forth in this Part 20.
PRINCIPAL STRUCTURE
A structure in which a principal use of the lot on which
the structure is located is conducted.
PUBLIC DISTRICT LIGHTING ZONE
A lighting area on any zoning lot in a public zoning district
that is used for governmental buildings and public schools.
PUBLIC PARKING AREA
A drivable surface intended for use by the general public
for parking of motorized vehicles.
RESIDENTIAL DISTRICT LIGHTING ZONE
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.
SEARCHLIGHT
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.
SINGLE-PURPOSE EMERGENCY EGRESS LIGHTING
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.
STREET LIGHTING
One or more luminaires or light installations designed to
illuminate a public roadway or intersection.
UPLIGHTING
Lighting applications which direct light above a horizontal
plane.
VARIANCE
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.
ZONING LOT
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."