The purpose of this chapter is to regulate outdoor lighting
in order to reduce or prevent light pollution. This means, to the
extent reasonably possible, the reduction or prevention of glare and
light trespass, the conservation of energy, and the promotion of safety
and security. This chapter will ensure the aesthetically appropriate
outdoor lighting in keeping with the historic character and night
sky beauty of the town.
(Ordinance 07-02 adopted 2007)
As used in this section [this chapter]:
Accent lighting.
Any directional lighting which emphasizes a particular object
or draws attention to a particular area.
Disabling glare.
Lighting that impairs visibility and creates a potentially
hazardous situation for either pedestrians or motorists.
Glare.
The brightness of a light source that causes eye discomfort.
Lamp or bulb.
The light producing source installed in the socket portion of a luminaire. Types of bulbs that comply with this chapter and their relative efficiencies are listed in section
15.28.110 of this chapter.
Light pollution.
General night sky glow caused by the scattering of artificial
light in the atmosphere resulting in decreased ability to see the
natural night sky.
Light trespass.
Light emitted by a luminaire that shines beyond the property
on which the luminaire is installed.
Lumen.
A unit of light or illumination from a lamp or bulb.
Luminaire or fixture.
A complete lighting unit including the lamps or bulbs, together
with the parts required to distribute the light, to position and protect
the lamps, and to connect the lamps to the power supply. “Wall
packs” and “porch lights” are two (2) terms used
to describe outdoor fixtures mounted on building structures. Terms
used by the industry to identify fixtures that comply with this chapter
are:
B.
“Night sky or dark sky friendly (or compliant)”.
C.
“International Dark Skies Association approved (IDA approved)”.
Nuisance glare.
Light that creates an annoyance or aggravation but does not
create a potentially hazardous situation.
Shielding.
No light rays emitted by a fixture above the horizontal plane
running through the lowest point of the fixture where light is emitted.
Spotlight or floodlight.
Any lamp that incorporates a reflector or a refractor to
concentrate the light output into a directed beam in a particular
direction.
Watt.
A unit of electric power flowing into a lamp or bulb.
(Ordinance 07-02 adopted 2007)
A. All
nonconforming outdoor fixtures installed prior to and operable on
the effective date hereof shall be removed or converted to a conforming
use within seven (7) years. The town may require a nonconforming use
to be corrected within the seven (7) year grace period if the town
determines that the nonconforming use is a continuing violation of
any provision of this chapter.
All existing outdoor lighting fixtures owned and maintained by Kit Carson Electric Cooperative before the effective date hereof are exempt from the requirements of subsection
A of this section. When the existing Kit Carson Electric Cooperative fixtures become inoperable or unrepairable, their replacements are subject to all the provisions of this chapter and the state Night Sky Protection Act, as may be amended.
B. This
chapter does not apply to interior lighting. However, overly bright
interior light emitted outdoors from any structure will be subject
to control by this chapter if it is determined by the code administrator
that it creates a “nuisance glare” or “disabling
glare” as defined by this chapter.
C. New
installations and modifications to exiting [existing] nonconforming
fixtures in the designated town historic district shall comply with
this chapter.
D. Compliance
with this chapter shall be administered and enforced by the town planning
department.
E. All
governmental agencies, federal, state or county, including their security
facilities which operate within the town limits, must follow the provisions
of this chapter. The state construction industries division of the
regulation and licensing department shall review the state’s
outdoor lighting provisions in the building codes used in New Mexico
and the town and make recommendations for appropriate changes to comply
with the provisions of the state Night Sky Protection Act and the
town night skies protection ordinance and shall permit and inspect
(to the standards set forth in these night sky protection acts) all
construction of and on state owned buildings that is subject to permit
and inspection under the state Construction Industries Licensing Act.
The construction industries division (CID) of the State of New Mexico
is responsible for the enforcement of the state Night Sky Protection
Act. For guidance they can be contacted at 505-476-4700.
F. In
the event of a conflict with any other section of this chapter, the
more stringent requirement shall apply.
(Ordinance 07-02 adopted 2007)
The following are exempt from the provisions of this chapter:
A. Traffic
control signals and devices.
B. Streetlights
installed prior to the effective date of the original ordinance.
C. Temporary
emergency lighting (i.e., fire, police, repair workers).
E. Navigation
lights (i.e., airports, heliports, radio/television towers).
F. Seasonal
decorations with light displays in place no longer than November 15
to April 1.
G. Sports
field outdoor lighting sites existing at the date of passage of the
original ordinance (i.e., ball fields, ice rinks, etc.). Any new town
sports lighting installations (or any overall, complete replacement)
shall be compliant without diminishing adequate illumination and safety.
H. Other
special situations approved by the town for temporary or periodic
events (i.e., rodeos, revivals, fairs, fiestas, carnivals, emergency
or town sanctioned nighttime construction).
I. Covered porch lighting on single-family or multi-family homes provided that each outdoor light fixture does not exceed 2200± lumens output (150 watts incandescent). Section
15.28.110, table 5, of this chapter shows conversion of watts (power input) to lumens (light output) for the other allowed types of light sources.
J. Security
lights of any power that are controlled by a motion sensor switch
and which do not remain on longer than twelve (12) minutes after activation.
K. Any
person or business may submit an application for an administrative
exemption from the requirements of this chapter to the town planning
department, planning director. The request shall state fully:
1. The
circumstances and conditions relied upon as grounds for administrative
exemptions;
2. The
circumstances and conditions by which strict application of the provisions
of this chapter would result in a financial hardship or deprive the
applicant of reasonable use of the land, building or outdoor light
fixtures; and
3. The
grounds by which the granting of the administrative exemption will
not be injurious to the neighborhood or otherwise detrimental to the
public health, safety or welfare.
(Ordinance 07-02 adopted 2007)
A. Applications
for building permits shall be submitted to the town planning department
and, if applicable, the historic preservation commission. If they
include installation of outdoor lighting fixtures they shall provide
evidence of compliance with the requirements of this chapter. The
application shall contain the following information and be submitted
as part of the site plan to the planning department for approval:
1. Plans
indicating the location, type, and height of luminaires including
both building and ground mounted fixtures;
2. A
description of luminaires, including lamps, poles or other supports
and shielding devices, provided as catalog illustrations from the
manufacturer;
3. Ganging
of individual luminaires to achieve more than allowed lumens in a
specific area is prohibited. They may be ganged on a single standard
only if focused downward on different areas;
4. Photometric
data, such as that furnished by the manufacturer, showing the downward
angle of light emission;
5. The
governmental authority responsible for the oversight of the proposed
building activity must be established in writing, be it the Town of
Taos, County of Taos, State of New Mexico or federal government;
6. Additional
information may be required by the planning department in order to
determine compliance with this chapter.
To help assure compliance with this chapter the following certification
shall be executed on submittals to the town planning department for
all commercial and multi-family projects:
|
Engineer’s, Architect’s or Licensed
Contractor’s Certification, Date
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I, __________, a Registered Professional
Engineer, Architect or Licensed Contractor, number _____ under the
Laws of The State of New Mexico, hereby certify that the Outdoor Lighting
Plan on this drawing was prepared under my direction and conforms
to the Town of Taos Lighting Ordinance 07-02 Chapter 15.28 and is
true and correct to the best of my knowledge and belief.
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Signed by Registered Professional Engineer,
Architect, or Individual Home Builder.
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B. Requests
for any lighting deviation from the requirements of this chapter are
to be submitted in writing to the town of Taos planning department.
It shall be approved only when it is determined that a deviation is
warranted in order to provide even more security for personal property,
business inventory, agricultural activities.
1. The
lighting deviation application shall contain a detailed site plan
showing the location and type of lighting fixtures and the lumens/wattage
deviations for each fixture sought by the applicant. In addition,
the site plan shall show the locations of all buildings, public streets
and roadways and other structures located within two hundred feet
(200') of the property.
2. The
requested deviation shall be reviewed by the planning director. The
planning director may grant the application, with or without conditions,
if the director determines that the general standards of this chapter
are met. Determinations of the planning director may be appealed by
the applicant to the planning commission by written notice of appeal
filed with the planning director within ten (10) calendar days following
written notification to the applicant of the director’s determination.
Appeals from determinations of the planning commission shall follow
the appeal procedure of the town’s zoning ordinance as amended
from time to time.
3. No certificate of occupancy will be granted until all provisions of subsection
A of this section and this subsection
B are satisfied.
C. Unlicensed individuals building or remodeling their personal property must also comply with subsections
A and
B of this section.
(Ordinance 07-02 adopted 2007)
The following general standards shall apply to all outdoor lighting
installed after the effective date of the original ordinance which
are not covered under exemptions:
A. Outdoor lighting must be hooded, shielded and aimed downward. Examples of acceptable and unacceptable light shielding and hooding are shown in section
15.28.110, figures 1 through 4 of this chapter.
B. The
hood or shield must mask the direct horizontal surface of the light
source. The light must be aimed to ensure the illumination is only
pointing downward onto the ground surface, with no upward escaping
light permitted to contribute to sky glow.
C. Any
bright light shining onto adjacent property or streets which results
in nuisance glare or disabling glare shall not be permitted. Light
trespass beyond property boundaries or above the horizontal plane
shall be considered noncompliant.
D. Existing
fixtures may be adapted to comply with this chapter by adding a properly
designed hood or shield, or by pointing any upward mounted, shielded
fixture downward toward the ground surface.
E. All
outdoor lighting fixtures shall be designed, installed, located and
maintained such that glare onto adjacent properties or streets shall
be minimized and all direct illumination kept within the boundaries
of the fixture owner’s property.
F. Accent
lighting, when so approved, shall be directed downward onto the building
or object and not toward the sky or onto adjacent properties. Direct
light emissions shall not be visible above the roofline or beyond
the building edge.
G. Spotlighting
on landscaping and foliage shall be limited to 2200± lumens
output (150 watts incandescent). The lamp shall be shielded and not
create disabling or nuisance glare.
H. This
section shall be enforced on the basis of a formal complaint filed
in writing with the planning department.
(Ordinance 07-02 adopted 2007)
The town reserves the right to further restrict outdoor lighting,
including, but not limited to, searchlights for special events, quartz
lighting, laser lights, pole height, and level of illumination, when
it is deemed to be in the best public interest and in keeping with
the stated purpose of this chapter.
(Ordinance 07-02 adopted 2007)
This chapter shall be enforced when a town code enforcement
officer determines a violation has occurred or when any citizen complains
in writing to the town manager or planning director and the complaint
is determined to be legitimate within the spirit of this chapter.
The town code enforcement officer will contact the owner, tenant,
agent, or person in charge of any premises or any other person who
violates any of the provisions of this chapter.
A. For
the first offense, the offender may be issued a warning with thirty
(30) days to correct the offense.
B. Penalties
for commercial and nonresidential lighting violations. Any further
violations of the provisions of this chapter shall constitute a petty
misdemeanor, and upon conviction thereof, shall be punishable by a
fine not to exceed one hundred dollars ($100.00) for the first violation;
three hundred dollars ($300.00) for the second violation; and five
hundred dollars ($500.00) for the third violation.
C. Penalties
for residential violations. Any further violations of the provisions
of this chapter shall constitute a petty misdemeanor, and upon conviction
thereof, shall be punishable by a fine not to exceed twenty-five dollars
($25.00) for the first violation; seventy-five dollars ($75.00) for
the second violation; and one hundred twenty-five dollars ($125.00)
for the third violation.
D. Unless
otherwise specified, each day that a prohibited condition exists shall
constitute a separate offense.
(Ordinance 07-02 adopted 2007)
The provisions of this chapter are severable and if any paragraph,
section, subsection, or part of this chapter is held to be invalid,
unenforceable, unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair the remainder of this chapter.
(Ordinance 07-02 adopted 2007)
The provisions of this chapter shall become effective five (5)
days after published unless otherwise provided by law.
(Ordinance 07-02 adopted 2007)
The following schematics show what is acceptable and what is
unacceptable in the town:
A. Figure
1, Wall Mounted Lights.
B. Figure
2, Freestanding Lights.
C. Figure
3, Wall, Building, Foliage, Sign and Escarpment Lights.
D. Figure
4, Street and Lot Light Cutoff at Property Line.
E. Table
5, Light Type Wattage Comparisons.
For use in building
wall pack and porch light fixtures.
Bulbs Lawful Outdoors in Town of Taos
|
Wattage of Bulb Allowed (with 2200+ Lumens Limit for Residential
and Commercial Lights)1
|
---|
Incandescent
|
150 watts
|
High pressure sodium
|
35 watts
|
Low pressure sodium
|
18 watts
|
Metal halide (MID)
|
39 watts
|
Halogen
|
100 watts
|
Quartz
|
100 watts
|
Fluorescent
|
30 watts
|
|
Bulbs Unlawful in State of New Mexico
|
---|
Mercury vapor2
|
75 watts
|
Notes:
|
---|
1.
|
Agricultural and government lights are limited to 50,000 lumens.
|
2.
|
Grandfathered in New Mexico until the bulb/luminaire must be
replaced. See State of New Mexico, 44th Legislature, 1st Session,
Laws 1999, chapter 197, House Bill 39, as amended, signed April 6,
1999.
|
(Ordinance 07-02 adopted 2007)