As used in this chapter unless the context clearly indicates
otherwise, certain words and phrases shall mean the following:
DEVELOPMENT PROJECT
Any residential, commercial, industrial or mixed use subdivision
plan of development plan which is submitted to the Town for approval.
DIFFUSE
To spread or scatter widely, or thinly.
DIRECT ILLUMINATION
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 surfaces.
FOOTCANDLE
A unit of illumination equal to that given by a source of
one candela at a distance of one foot (equivalent to one lumen per
square foot or 10.764 lux).
[Added 3-13-2019 by Ord.
No. 1]
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
a photometric test or certified by the manufacturer. Any structural
part of the light fixture providing this shielding must be permanently
affixed.
GLARE
The sensation produced by a bright source within the visual
field that is sufficiently brighter than the level to which the eyes
have adapted to cause annoyance, discomfort, or loss in visual performance
and visibility. The magnitude of glare depends on such factors as
the size, position, brightness of the source, and on the brightness
level to which the eyes have become adapted.
INSTALLED
The attachment, or assembly fixed in place, whether or not
connected to a power source, of any outdoor light fixture.
LIGHT TRESPASS
Light from an outdoor luminaire falling on an adjacent property
as observed at four feet above ground at the property line.
LUMEN PER ACRE CAP
The upper limit, or most light allowed. Lower lighting levels
are encouraged.
LUMINAIRE
The complete lighting assembly, less the support assembly.
LUX
The SI unit of illuminance equal to one lumen per square
meter.
[Added 3-13-2019 by Ord.
No. 1]
MOTION DETECTOR CONTROL
A light controller that turns light on when motion is detected,
and when motion is absent, turns light off after no more than 60 minutes.
[Added 3-13-2019 by Ord.
No. 1]
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:
B.
Buildings and structures;
E.
Billboards and other signs (advertising or other);
F.
Product display area lighting;
G.
Illuminating building overhangs and open canopies.
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.
PERSON
Any individual, tenant, lessee, owner, or any commercial
entity, including, but not limited to, firm, business, partnership,
joint venture, corporation, or limited liability company.
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 the outside
of the sign cabinet.
SKY GLOW
The brightening of the night sky that results from the scattering
of artificial visible radiation by the constituents of the atmosphere.
TEMPORARY LIGHTING
Lighting which does not conform to the provisions of this
chapter and which will not be used for more than one consecutive thirty-day
period within a calendar year, with one consecutive thirty-day extension.
Temporary lighting is intended for uses which by their nature are
of a limited duration; for example holiday lighting decorations, civic
events, or construction projects.
TRANSLUCENT
Permitting light to pass through but diffusing it so that
persons, objects, etc., on the opposite side are not clearly visible.
USE, ABANDONMENT OF
The relinquishment of a property, or the cessation of a use
or activity by the owner or tenant for a continuous period of 12 months,
excluding temporary or short term interruptions for the purpose of
remodeling, maintaining 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.
All outdoor illuminating devices shall be installed and maintained
in conformance with the provisions of this chapter, the Town of Koshkonong
Building Code, the Electrical Code, and the Sign Code of the jurisdictions
as applicable and under appropriate permit and inspection.
The following lighting standards are hereby imposed:
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.
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. 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 in the definition of "fully shielded light fixture" in §
334-1 for fully shielded fixtures.
E. Residential, and all other uses except commercial or business shall
not exceed 5,500 lumens per acre. Commercial or business zoned uses
shall not exceed 70,000 lumens per property.
External illumination for signs shall conform to all provisions
of this chapter. All upward directed lighting is prohibited.
When an existing light would be in violation of this chapter,
but is exempted, the exemption may be withdrawn if the Town Board
finds the lighting to be:
A. Substantially aggravating or constitutes a nuisance to affected properties;
or
B. The lighting serves no useful purpose, upon finding of the Town Board.
Any person substantially aggrieved by any decision of the designated
official made in administration of this chapter has the right and
responsibilities of appeal to the Town Board.
Where any provision of federal, state, county, township, or
city statutes, codes, or laws conflict with any provision of this
chapter, the more restrictive shall govern unless otherwise regulated
by law.
[Amended 3-13-2019 by Ord. No. 1]
Violations of this chapter shall be subject to the penalty provided in §
1-3, General penalty.
If any of the provisions of this chapter or the application
thereof are held invalid, such invalidity shall not affect other provisions
or applications of this chapter which can be given effect, and to
this end, the provisions of this chapter are declared to be severable.
This chapter shall become effective as of August 10, 2001.