[HISTORY: Adopted by the Town Board of the Town of Victor 9-28-2009 by L.L. No.
13-2009. Amendments noted where applicable.]
This chapter shall be known as the "Town of Victor Lighting
Code" and may be cited as Local Law No. 13-2009 of the Town of Victor.
These regulations are adopted in accordance with New York Municipal Home Rule Law § 10. The purpose of this chapter is to enact Chapter 131, entitled "Lighting," for the purpose of regulating the use of lighting within the Town of Victor, and more specifically:
A.
To permit reasonable uses of outdoor lighting for nighttime safety,
utility, security, productivity, enjoyment, and commerce.
B.
To enhance and protect the physical appearance of the community,
preserve the scenic and natural beauty of designated areas, to preserve
property values, and to provide a more enjoyable and pleasing community.
C.
To minimize adverse offsite impacts including light trespass, obtrusive
light, disability glare, nuisance glare, and light pollution.
D.
To curtail light pollution and preserve the nighttime environment.
E.
To preserve and improve the dark night sky in residential and commercial
areas for astronomy and enjoyment.
F.
To help protect the natural environment from adverse effects of night
lighting from electric sources.
G.
To regulate the types, kinds, construction, and uses of exterior
light fixtures, lighting practices, and systems.
H.
To have preexisting, nonconforming lighting installations and uses
comply with these regulations within the parameters specified.
I.
To promote the general welfare though the conservation of energy
and resources to the greatest extent possible.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to interfere with,
abrogate or annul any other local law, rule or regulation, statute
or other provision of law. However, where any provision of this chapter
imposes restrictions different from those imposed by any other provision
of this chapter or any other local law, rule or regulation or other
provision of law, whichever provisions are more restrictive or impose
higher standards shall govern.
(2)
Private provisions. This chapter is not intended to abrogate any
easement, covenant or any other private agreement or restriction,
provided that where the provisions of this chapter are more restrictive
or impose higher standards or regulations than such easement, covenant
or other private agreement or restriction, the requirements of this
chapter shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations
more restrictive or with higher standards than the requirements of
this chapter or the determinations of the Planning Board of the Town
of Victor in approving a subdivision or in enforcing this chapter
and such private provisions are not inconsistent with this chapter
or determinations thereunder, then such private provisions shall be
operative and supplemental to this chapter and determinations made
hereunder.
C.
Validity and severability. Should any word, section, clause, paragraph,
sentence, part or provision of this chapter be declared invalid by
a court of competent jurisdiction, such determination shall not affect
the validity of any other part hereof.
Except as described below, all outdoor lighting installed after
the effective date of this chapter shall comply with these requirements.
This includes, but is not limited to, new lighting, replacement lighting,
or any other lighting, whether attached to structures, poles, the
earth, or any other location, including lighting installed by any
third party. This chapter shall not apply to the following:
A.
Lighting equipment for public monuments and statuary.
B.
Repairs to existing lighting equipment.
C.
Temporary lighting equipment for theatrical, television, and performance areas. However, Chapter 135 of the Victor Town Code regulates lighting for mass gatherings.
D.
Lighting equipment in swimming pools and other water features.
E.
Temporary lighting equipment and seasonal lighting equipment, provided
that individual lamps are 130 lumens or less (10W incandescent, 2.5W
LED) and the lighting does not pose a visual hazard for drivers on
public rights-of-way.
[Amended 2-11-2019 by L.L. No. 2-2019]
F.
Lighting equipment that is only used during emergency conditions.
G.
Agricultural operation lighting.
I.
Lighting on Village of Victor, public school, Ontario County, New
York State, and federal roads and properties.
J.
ATM lighting, as such lighting is regulated by the ATM Safety Act.
K.
Where compliance with this chapter would be in violation of New York
state or federal law.
As used in this chapter, the following terms shall have the
meanings indicated:
Safety and task lighting needed by personnel for the production
of agricultural products and livestock.
Any replacement of parts of a fixture that are not equivalent
to the original, or other changes to a fixture (other than cleaning).
A band or facade as a fascia of a building or canopy island.
Exterior lighting whose purpose is to attract attention for
aesthetic purposes with no other intent/purpose.
A measurement of the amount of color shift that objects undergo
when illuminated by a light source as compared with the color of those
same objects when seen under a reference light source of comparable
color temperature. CRI values can range from zero to 100. Natural
sunlight at noon on a clear day is an example of a light source with
a CRI of 100.
[Amended 2-11-2019 by L.L. No. 2-2019]
Exterior lighting used primarily to illuminate highway or
building construction areas.
Illumination resulting from light emitted directly from a
lamp or light fixture, not light diffused through translucent signs
or reflected from other surfaces such as the ground or building faces.
Light fixtures where the light distribution is significantly
directional. Floodlights and spotlights are two examples of directional
light fixtures.
The effect of stray light in the eye whereby visibility and
visual performance are reduced. A glare source that produces discomfort
may also produce disability glare by introducing a measurable amount
of stray light in the eye.
Light fixtures mounted outdoors or on or within the exterior
skin of a structure.
An example of a directional light fixture where reflectors
and/or the shape of the lamp causes the light distribution to be generally
directional.
A standard measure of light falling upon a given surface.
Footcandles can be measured by a footcandle light meter.
A light fixture's light distribution where zero luminance
occurs at and above the horizontal plane. Additionally, the luminance
per 1,000 lamp lumens does not numerically exceed 100 (10%) at an
angle 0° through 10° below the horizontal plane. This applies
to all lateral angles around the light fixture.
The sensation produced by a bright light (luminance) source
within the visual field that is sufficiently greater (brighter) than
the luminance level to which the eyes are adapted, to cause annoyance,
discomfort, or loss in visual performance and visibility. Note: the
magnitude of the sensation of glare depends upon such factors as the
size, position, and luminance of the source and the brightness/luminance
to which the eyes are adapted.
The shadow cast by a non-diffuse lighting point source. Hard
shadows characteristically have crisply defined edges as opposed to
soft shadows that gradually fade away towards the edges.
[Added 2-11-2019 by L.L.
No. 2-2019]
To light an area or object.
A sign illuminated by a light source, regardless of whether
the light source is internal to the sign structure, or external.
An association of professionals in the field of lighting
and related professions.
Light incident on a surface; its measure is expressed in
footcandles.
An aspect of a lighting plan showing levels of illumination
across an area, with curved lines connecting locations of equal illumination.
An aspect of a lighting plan showing levels of illumination
across an area, in a grid pattern, which shows numeric illumination
calculation points without illumination contours.
A bulb; an outer glass envelope and metal base enclosing
a filament or arctube and electrodes.
Light-emitting diode.
[Added 2-11-2019 by L.L.
No. 2-2019]
A complete lighting unit consisting of a lamp, lamps or LEDs,
and ballasting or drivers (when applicable), together with parts (diffuser/reflector/refractor/lens/protective
glass/plastic) designed to distribute the light, to position and protect
the lamps, and to connect the lamps to the power supply.
[Amended 2-11-2019 by L.L. No. 2-2019]
Light fixtures, as well as all reflective surfaces, lamps,
shields, or supports, either permanently installed or portable, which
are used for illumination.
Light falling beyond the boundaries of the property on which
the source of the light is located.
The standard international unit of the flow of light. Used
to rate the amount of light emitted by lamps.
The light reflected or emitted toward an observer. Luminance
is what an observer sees, whether the light is reflected off a surface
or is coming directly from a light fixture.
That point straight down directly below a light fixture or
light.
Glare that causes complaints.
Unwanted light which, because of quantitative, directional,
or spectral attributes in a given context, gives rise to annoyance,
discomfort, distraction, or vision impairment.
Outdoor areas designated for the purpose of sales such as
automobile, boat, or tractor sales, building supply sales, gardening
or nursery sales, and the like. This excludes motor vehicle fuel sales
areas.
The area designated by a business for its customers and employees
to park their vehicles while on the premises, including the walking
path between the building and that area.
An area within a neighborhood residential community primarily
serving the needs of children in that neighborhood.
A light fixture used to project a substantially intense beam
of light into the sky so that the beam is visible from off the site
of origin.
Temporary lighting installed and operated in connection with
holidays, community celebrations or traditions.
Exterior lighting provided solely to enhance the real and
perceived safety of an area, safety of people, the premises, and/or
merchandise.
Refers to providing internal and/or external shields and
louvers to prevent brightness from lamps, diffusers, reflectors, refractors,
and lenses from causing glare at normal viewing angles.
Light directed predominantly toward the sky, whether it is
traditional, such as a spotlight or searchlight, or less traditional,
such as a laser.
An example of a directional light fixture where the light
distribution is highly directional, with the usual design intent to
illuminate a nearby object.
Light fixtures located within public rights-of-way and exterior
lighting on adjacent properties, with the intent of providing safety
for those in the public rights-of-way.
Modifications shall be considered substantial when lighting
fixture additions, replacements, alterations, and relocations to a
property's exterior lighting involve more than either 30% of
the lighting fixtures or 10 lighting fixtures, or at the discretion
of the Code Enforcement Officer if the number of fixtures is less
than the established minimums.
[Amended 2-11-2019 by L.L. No. 2-2019]
As published for the day in the official Town of Victor newspaper.
As published for the day in the official Town of Victor newspaper.
Lighting intended to be used during a predetermined calendar
time frame, for a period of no more than three months in a given calendar
year, not including construction lighting.
Includes any structure extending more than 40 feet above
the ground, whether attached to a building or freestanding and whether
guyed or self-supporting, potentially used for the support of devices
used in:
Transmitting or receiving broadcast or communications signals
such as, but not limited to, both analog and digital AM/FM radio,
television, paging, cellular communications, micro, short- and long-wave
radio and communications, citizens band communications, and newer
technologies that may be developed;
Wind-driven energy converters;
Atmospheric condition sensing; and
Security monitoring.
The person(s) appointed by the Town of Victor and authorized
by this chapter to enforce this chapter.
Illumination which, by reason of its brightness compared
to its surroundings, its intensity or its location, interferes with
the ability to see clearly.
The following are conditions, uses and dates for required conformity
for all uses:
A.
Time of day and hours of operation of preexisting, nonconforming
exterior lighting must be brought into compliance with the provisions
of this chapter within one year of the effective date of this regulation.
[Amended 2-11-2019 by L.L. No. 2-2019]
A.
Documentation requirements.
(1)
Required information.
(a)
The layout/location/height, make/model, luminaire output lumens,
light loss factor, additional shielding and aiming angle of each exterior
light fixture.
(b)
Calculated exterior illumination contours and grid showing:
[1]
Contour lines must be included for illumination values of 0.5,
one, two, five, 10, and 20 footcandles, if there are illumination
levels at those values.
[2]
Illumination grid spacing must be no more than five feet for
areas 10,000 square feet and less, and no more than 10 feet for areas
over 10,000 square feet.
[3]
Table with the following data:
(c)
Provide a written description of how the lighting design will
address potential nuisance and disability glare.
(d)
Proposals, plans, and applications for residential subdivisions
must include site lighting plans that include all proposed street
lighting and light post layouts along with the light fixture models
and the associated lamps to be used (if applicable), the manufacturer's
photometric data, including the manufacturer's catalog cuts,
the manufacturer's illustrations, and all data that supports
their classification as full cutoff fixtures. Exterior lighting to
be under the control of its resident need not be included in the subdivision
plans.
B.
Certificate of occupancy requirements for new construction. The following
documentation must be provided by owners and developers for newly
constructed, nonresidential properties located in all districts prior
to obtaining a certificate of occupancy:
The following are prohibited uses for nonresidential properties
located in all districts:
A.
Operation of nonresidential exterior lighting at times other than permitted in § 131-10 (Time of day and hours of operation for nonresidential properties) of this chapter, is prohibited.
B.
Roofs shall not be illuminated.
[Amended 2-11-2019 by L.L. No. 2-2019]
C.
Luminance from windows must not originate from illuminated signs.
Luminance from windows from neon, light-emitting diodes (LEDs), tubular
lamps, luminous gas-filled tubes, and channel light fixtures is prohibited.
[Amended 2-11-2019 by L.L. No. 2-2019]
(1)
Exception: One sign is permitted with lettering that spells "open"
and that occupies an area no larger than two square feet.
D.
Searchlights, laser lights, stroboscopic and other sky beams are
prohibited.
E.
Projected lettering and logos onto outdoor objects is prohibited.
F.
Strings of lights shall not be used for the purposes of advertising.
G.
No exterior lighting or illuminated signage of any type or size,
excluding seasonal lighting and lighting required by a regulatory
authority, shall be designed or operated in such a way that it appears
intermittent (flashing, rotating, moving, interrupted, or staggered
lights, random or with a pattern).
H.
Intermittent (flashing, rotating, moving, interrupted, or staggered
lights, random or with a pattern), holiday and seasonal lighting in
nonresidential zones is prohibited.
I.
Seasonal lighting illuminated more than 40 days in a calendar year,
cumulatively for all seasons, unless approved by the Planning Board.
[Added 2-11-2019 by L.L.
No. 2-2019]
A.
General provisions for residential uses in all districts:
(1)
In residential districts, where the resident has control of the external
lighting, exterior lighting shall not exceed the following lamp wattages
or lighting intensities.
[Amended 2-11-2019 by L.L. No. 2-2019]
(2)
Outdoor illumination of recreational uses or installations.
(a)
Lighting installed in connection with any outdoor tennis court,
racquetball court, private swimming pool or other recreational use
or installation in residential districts shall be shielded so as to
prevent light trespass onto neighboring properties.
(b)
All lighting, whether new or existing, related to any such recreational
use or installation, located in residential districts, that is mounted
at a height of 10 feet or more, shall be extinguished no later than
10:00 p.m. local time.
(c)
Individual light fixture output for recreational uses in residential
districts must not exceed 10,000 lumens.
[Added 2-11-2019 by L.L.
No. 2-2019]
(3)
Light trespass to adjacent property must not exceed 0.2 footcandles
as measured, in all orientations, at the ground along property boundaries.
[Amended 2-11-2019 by L.L. No. 2-2019]
(4)
Directional light fixtures (such as floodlights and spotlights) must
be installed and aimed at an angle no higher than 45° above nadir
and shall not shine directly onto neighboring properties, public rights-of-way,
or distribute light skyward. Light trespass to adjacent property must
not cast a hard-edged shadow on adjacent dwellings.
[Added 2-11-2019 by L.L.
No. 2-2019]
(5)
Light fixture heights must not exceed 15 feet from the ground.
[Amended 2-11-2019 by L.L. No. 2-2019]
B.
General provisions for nonresidential uses in all districts.
(1)
Exterior lighting must conform to provisions of this chapter and
the existing Town of Victor design and construction standards for
land development.
(2)
Where this paragraph or the Town of Victor design and construction
standards for land development call for full cut-off type light fixtures,
those light fixtures must be installed and maintained so as to be
aimed at nadir.
(3)
Directional light fixtures (such as floodlights, spotlights, and
external sign lights) must be installed and aimed at an angle no higher
than 45° above nadir, unless otherwise specified in this chapter,
so that they illuminate only the task and do not shine directly onto
neighboring properties, public rights-of-way, or distribute light
skyward. Light trespass to adjacent property must not cast a hard-edged
shadow on adjacent dwellings.
[Amended 2-11-2019 by L.L. No. 2-2019]
(4)
Exterior lighting must be designed and operated in such a manner
as to not create disability glare.
(5)
Nuisance glare must not encroach upon other properties and public
rights-of-way.
(6)
Light fixtures must be shielded so that direct luminance and illumination
resulting from the light fixture does not result in light trespass
to residential property that exceeds 0.2 footcandles as measured,
in all orientations, at the ground, along the residential property
line and within adjacent residential property.
[Amended 2-11-2019 by L.L. No. 2-2019]
(7)
Light fixtures must be shielded so that direct luminance and illumination
resulting from the light fixture does not result in light trespass
to commercial or industrial property that exceeds 0.75 footcandles
as measured, in all orientations, at the ground along the commercial
or industrial property line, along public rights-of-way and along
other municipal and Town of Victor boundaries.
[Amended 2-11-2019 by L.L. No. 2-2019]
(8)
All levels of illumination, luminance, and glare not limited within
this chapter must not exceed recommended levels from the latest Illuminating
Engineering Society of North America (IESNA) published recommended
practices and handbook.
Exterior lighting of nonresidential use properties in all districts
must comply with the provisions regarding time of day and hours of
operation in Subsections A through H below:
A.
Security and safety and American flag lighting may only be operated
between 1/2 hour before sunset and 1/2 hour after sunrise, and when
necessitated by adverse weather conditions.
B.
Sign lighting, window lighting, architectural lighting, decorative
lighting, and seasonal lighting may only be operated during the business
hours of the business property being illuminated.
[Amended 2-11-2019 by L.L. No. 2-2019]
(1)
Exception: One sign is permitted with lettering that spells "open"
and that occupies an area no larger than two square feet.
C.
Traffic flow signs, parking lot, canopy, island, apron, outdoor retail
sales, display lot, outdoor hospitality and eating, temporary seasonal
outdoor sales and roadside stands, and temporary lighting may only
be operated during customer business hours and until 1/2 hour after
the close of customer business hours of the business property being
illuminated.
D.
Public road, street, drive, and intersection lighting may be operated
at all times. Private drive, driveway, and light post lighting may
only be operated between 1/2 hour before sunset and 1/2 hour after
sunrise, and when necessitated by adverse weather conditions. Lighting,
if installed, must be from full cutoff light fixtures or controlled
by photocell.
[Amended 2-11-2019 by L.L. No. 2-2019]
E.
Metered playground lighting may only be operated when the area is
in use by participants and 1/2 hour after use but, in any event, no
later than 10:00 p.m. local time.
F.
Construction lighting may only be operated when required by Federal
OSHA safety standards and State codes and then, only during construction
hours as regulated by the Town of Victor Code.
G.
Tower lighting may only be operated when required by the Federal
Aviation Administration or other regulatory authority.
[Amended 2-11-2019 by L.L. No. 2-2019]
A.
Security and safety lighting of nonresidential properties in all
districts.
(2)
Security lighting is encouraged at all nonresidential building entrances
and exits, on walkways and bikeways, and on pedestrian areas.
(3)
Light fixture height must not exceed 25 feet from the ground and
full cutoff light fixtures must be utilized. Residential property-side
and public-rights-of-way-side shielding is required to prevent obtrusive
light and nuisance and disability glare; to minimize light trespass
to residential properties; and to prevent nuisance and disability
glare onto public rights-of-way and properties.
(4)
Maximum illumination resulting from this lighting must not exceed
five footcandles measured in all orientations, at the ground, 20 feet
from the fixture.
(5)
Use of motion detectors and photocells is encouraged.
B.
Parking lot area of residential use properties (i.e., apartment complex)
in all districts.
(2)
Light
fixture height must not exceed 25 feet from the ground and full cutoff
light fixtures must be utilized. Residential property-side and public-rights-of-way-side
shielding is required to prevent obtrusive light and nuisance and
disability glare; to minimize light trespass to residential properties;
and to prevent nuisance and disability glare onto public-rights-of-way
and properties.
(3)
Fixtures shall not exceed 12,500 lumens.
(4)
Maximum illumination must not exceed 10 footcandles as measured in
all orientations, at the ground.
C.
Parking lot area of nonresidential use properties in all districts.
(2)
Light fixture height must not exceed 25 feet from the ground and
full cutoff light fixtures must be utilized. Residential property-side
and public-rights-of-way-side shielding is required to prevent obtrusive
light and nuisance and disability glare; to minimize light trespass
to residential properties; and to prevent nuisance and disability
glare onto public rights-of-way and properties.
(3)
Maximum illumination must not exceed 10 footcandles as measured,
in all orientations, at the ground.
(4)
Light fixtures must have good color rendition, with a color rendering
index of greater than 70 and a color temperature between 3000k and
5000k.
(5)
The minimum illumination to maximum illumination ratio must be kept
between 1:1 and 1:20.
D.
Road, street, intersection and drive lighting within nonresidential
districts.
(1)
Lighting, if installed, must be from full cutoff light fixtures controlled
by a photocell.
(2)
Light fixture height must not exceed 15 feet from the ground.
(3)
Maximum illumination must not exceed five footcandles as measured,
in all orientations, at the ground.
(4)
Roadway and street lighting average-to-minimum ratio must not exceed
3.5:1 for non-residential districts.
E.
Local road, street, drive, and intersection lighting within residential
districts, not under the control of the resident, but where the lights
are otherwise privately owned and operated.
(1)
(Reserved)
(2)
Light fixture height must not exceed 15 feet from the ground. Residential
property-side and public-rights-of-way-side shielding is required
to prevent obtrusive light nuisance and disability glare; to minimize
light trespass to residential properties; and to prevent nuisance
and disability glare onto public rights-of-way and properties.
(3)
Each light fixture output must not exceed 7,000 lumens.
(4)
Light fixtures must have good color rendition, with a color rendering
index of greater than 70 and a color temperature between 3000k and
5000k.
(5)
Roadway and street lighting average-to-minimum ratio must not exceed
6:1 for residential districts.
F.
Canopies, islands and aprons.
(1)
Maximum surrounding illumination resulting from the canopy, island,
and apron lighting, must not exceed five footcandles as measured,
in all orientations, at the ground, 20 feet away from the canopy,
island, and apron.
(2)
Lamps must be of good color rendition, with a color rendering index
of greater than 60.
(3)
Such canopies, islands and aprons must be constructed in such a way
that the light fixtures are full cutoff.
G.
Outdoor retail sales and display lot area.
(1)
Car Dealerships:
(a)
Light fixture height must not exceed 25 feet from the ground.
Light fixtures must be full cutoff light fixtures or flood light fixtures
aimed at an angle no higher than 45° above nadir, and aimed away
from the roadway. Residential property-side and public-rights-of-way-side
shielding is required to prevent obtrusive light and nuisance and
disability glare; to minimize light trespass to residential properties;
and to prevent nuisance and disability glare onto public rights-of-way
and properties.
(b)
Maximum illuminance levels and uniformities:
[1]
Front row: 10 footcandles maximum with 5:1 maximum to minimum
ratio.
[2]
Feature: 10 footcandles maximum with 5:1 maximum to minimum
ratio.
[3]
Other rows: five footcandles maximum with 10:1 maximum to minimum
ratio.
[4]
Entrances: five footcandles maximum with 5:1 maximum to minimum
ratio.
[5]
Driveways: two footcandles maximum with 10:1 maximum to minimum
ratio.
(c)
Lamps must be of good color rendition, with a color rendering
index of greater than 60.
(2)
All other outdoor retail sales and display lot areas:
(a)
Light fixture height must not exceed 25 feet from the ground
and must be full cutoff light fixtures. Residential property-side
and public-rights-of-way-side shielding is required to prevent obtrusive
light and nuisance and disability glare; to minimize light trespass
to residential properties; and to prevent nuisance and disability
glare onto public rights-of-way and properties.
(c)
Lamps must be of good color rendition, with a color rendering
index of greater than 60.
H.
Outdoor hospitality and eating areas.
(1)
Light fixture height must not exceed 15 feet from the ground and
must be full cutoff light fixtures. Residential property-side and
public-rights-of-way-side shielding is required to prevent obtrusive
light and nuisance and disability glare; to minimize light trespass
to residential properties; and to prevent nuisance and disability
glare onto public rights-of-way and properties.
(a)
Exception: At the discretion of the Code Enforcement Officer,
shielding is not required for ambient lighting, including string lighting,
which does not exceed 210 lumens per source.
(2)
Maximum illumination resulting from the area lighting must not exceed
15 footcandles as measured, in all orientations, at the ground, 20
feet away from the area.
(3)
Lamps must be of good color rendition, with a color rendering index
of greater than 60.
I.
Playgrounds located in any district.
(1)
Light fixture height must not exceed 15 feet from the ground and
must be full cutoff light fixtures. Residential property-side and
public-rights-of-way-side shielding is required to prevent obtrusive
light and nuisance and disability glare; to minimize light trespass
to residential properties; and to prevent nuisance and disability
glare onto public rights-of-way and properties.
(3)
Lamps must be of good color rendition, with a color rendering index
of greater than 60.
J.
Outdoor recreation, sports, athletic field and facility playing areas located in any district, except as provided for in § 131-4I, as this chapter does not apply to lighting on Village of Victor, public school, Ontario County, New York State, and federal roads and properties.
(1)
Areas must be illuminated solely from above and the light fixture
aimed at an angle no higher than 45° above nadir. Residential
property-side and public-rights-of-way-side shielding is required
to prevent obtrusive light and nuisance and disability glare; to minimize
light trespass to residential properties; and to prevent nuisance
and disability glare onto public rights-of-way and properties.
(2)
Pole and light fixture height shall be the minimum necessary to comply
with the 45° degree requirement.
(4)
Lamps must be of good color rendition, with a color rendering index
of greater than 60.
(5)
A low-level lighting system of the play areas shall be used during
maintenance, setup, and cleanup before and after play. Maximum illumination
during that time must not exceed 10 footcandles as measured, in all
orientations, at the ground.
K.
American flag lighting on nonresidential properties in all districts.
(1)
It is recommended that businesses and individuals follow the United
States Code that specifies that the American flag is lowered at sunset
and raised at sunrise.
(2)
Lighting, if installed, must consist of narrow beam spotlights or
lamps, not floodlights. Lighting may be aimed upward toward the flag
(downward is encouraged) and must only be of an intensity to respectfully
light the flag, not exceeding a total of 5,500 lumens, lamps must
be of good color rendition, with a color rendering index of greater
than 70.
(3)
Residential property-side and public-rights-of-way-side shielding
is required to prevent obtrusive light and nuisance and disability
glare; to minimize light trespass to residential properties; and to
prevent nuisance and disability glare onto public rights-of-way and
properties.
L.
Temporary seasonal outdoor sales and roadside stands located in all
districts.
(1)
Light fixture height must not exceed 15 feet from the ground and
must be either full cutoff light fixtures or floodlights and spotlights
which are aimed at an angle no higher than 45° above nadir. Residential
property-side and public rights-of-way-side shielding is required
to prevent obtrusive light and nuisance and disability glare; to minimize
light trespass to residential properties; and to prevent nuisance
and disability glare onto public rights-of-way and properties.
(2)
Maximum illumination must not exceed 20 footcandles as measured,
in all orientations, at the ground.
M.
Temporary event lighting (such as festivals, fairs and carnivals). Refer to the Town Code on mass gatherings (Chapter 135) and submit complete lighting plans for review by the Town Code Enforcement Officer, Town Planning Board and the Town Engineer. Plans must include minimizing potential nuisances.
N.
Construction lighting. Lighting must be only that required by federal
OSHA safety standards and state codes. Residential property-side and
public rights-of-way-side shielding is required to prevent obtrusive
light and nuisance and disability glare; to minimize light trespass
to residential properties; and to prevent nuisance and disability
glare onto public rights-of-way and properties.
(1)
Exception: Lighting required for emergency repairs to Town of Victor
infrastructure.
P.
Architectural and other decorative lighting.
(1)
Noncutoff light fixtures are permitted at customer entrances, not
to exceed 6,000 lumens per entrance.
(2)
Glare must not be visible from light fixtures, as viewed from off
the property, including public rights-of-way and properties, and above
the property.
(3)
Unless completely shielded from the sky by a roof overhang or similar
structural shield, light fixtures must be directional and must be
aimed at an angle no higher than 45° above nadir.
(4)
The maximum resulting illumination from surfaces must not exceed
one footcandle as measured, in all orientations, at the ground, 20
feet away from the surface.
(5)
The maximum illumination resulting from illuminated features internal
to a building, visible from outside the building, must not exceed
one footcandle as measured, in all orientations, at the ground, 20
feet away from the building.
Q.
Lighting not otherwise listed in this section shall be considered
decorative.
A.
Enforcement. It shall be the duty of the Code Enforcement Officer
to enforce this chapter and to bring to the attention of the Planning
Board any violations or lack of compliance herewith.
B.
Violations. Any person, firm or corporation who or which fails to
comply with or violates any of the provisions of this chapter shall
be guilty of a violation and shall be subject to the penalties as
set forth herein. Each day a violation continues shall be deemed a
separate and distinct offense.
C.
Penalties. Any person, firm, company or corporation who is guilty
of a violation under this Chapter shall be subject to penalty as follows:
(1)
For the first offense: a fine of up to $350 or imprisonment for up
to 15 days, or both.
(2)
For the second offense: within five years: a fine of $350 to $700
or imprisonment for up to fifteen days, or both.
(3)
For the third offense or more within five years: a fine of $700 to
$1,000 or imprisonment for up to fifteen days, or both.
D.
Civil enforcement. Appropriate actions and proceedings may be taken
by law or in equity proceedings to prevent any violation of this chapter,
to prevent unlawful use of lighting, to recover damages, to restrain,
and to correct or abate a violation. These remedies shall be in addition
to the penalties described above. Consequently, the Town may institute
any appropriate action or proceeding to prevent and to restrain, correct
or abate such violation or to prevent any illegal act, conduct, business
or use governed by this chapter.
Any aggrieved party shall have the right to appeal to the Zoning Board of Appeals any order, requirements, decision or determination made by the Code Enforcement Officer under this Chapter, and said Board shall thereupon hear and determine the same. The powers and procedures of the Zoning Board of Appeals shall be the same as described in § 211-8 (Zoning Board of Appeals) of the Town Code.
The contents of this chapter shall not be construed to hold
any appointed person or officer of the Town of Victor responsible
for any damages to persons or property by reason of inspection or
reinspection authorized herein, or failure to inspect or reinspect,
nor shall any appointed person or officer of the Town of Victor be
liable for any damage of property by reason of the Town Code Enforcement
Officer exercising his/her discretion as provided in the Town of Victor
Code.
