The intent of this Chapter is to restrict the installation and permitted use of certain light fixtures which have a detrimental effect on adjacent properties. This Chapter is also intended to mitigate glare and light overflows originating from single-family dwelling units. This Chapter does not require any replacement of light fixtures already installed and operating.
(Ord. 324 § 1 [Exhibit A], 1993)
All artificial outdoor light fixtures, including signs as permitted in Title 17 (Sign Regulations) shall be installed in conformance with the provisions of this Chapter and the applicable provisions of the ordinances of the City of Indian Wells regulating the installation of such fixtures. All applications for Architectural and Landscape Committee or Community Development Department review (Section 21.12.050) shall substantiate that the provisions of this Chapter have been met. The Architectural and Landscape Committee and the Community Development Department shall consider the intent of this Chapter when reviewing all such applications.
(Ord. 324 § 1 [Exhibit A], 1993)
"Outdoor light fixtures"
means outdoor artificial illuminating devices, installed or portable, used for flood lighting, general illumination or advertisement. Such devices shall include, but are not limited to, search, spot, and flood lights for: (1) buildings and structures; (2) recreational facilities; (3) parking lots and vacant property used for temporary parking; (4) landscape lighting; (5) outdoor advertising signs; (6) street lighting on private streets; (7) walkway lighting; and (8) miscellaneous and other outdoor temporary uses.
"Commercial lighting commercial lighting"
means all lighting used for commercial or business activities such as outdoor identification or advertising signs (also lighting used to illuminate signs that are not directly connected to the signage), outdoor eating areas associated with restaurants or retail establishments (Community Commercial (CC), Resort Commercial (RC), and Office Professional (OP) zone designations), parking lot lighting, security lighting, and other similar applications.
"Residential lighting"
means all outdoor lighting originating from residential zoning designations and clubhouse facilities for uses such as identification, illuminations for decorative purposes, landscaping, walkways, and security. Examples of Class II lighting include, but are not limited to, the illumination of flag poles, trees, fountains, statuary, and building walls.
"Community development director"
means the Director of Community Development of the City of Indian Wells or designated representative.
"Glare"
means the harsh appearance of a direct source of light as discernible from adjacent properties.
"Individual"
means any private individual, tenant, applicant, agent, lessee, owner or any commercial entity, including, but not limited to, companies, partnerships, joint ventures or corporations.
"Installed"
means any installation of outdoor lighting fixtures after the effective date of this Chapter. Projects with construction plans approved by the City prior to the effective date of this Chapter are excluded from installation in compliance with this Chapter.
"Light"
means that part of the electromagnetic radiation in the wavelength range visible to the naked eye.
"Lighting"
means an artificial supply of light.
"Luminaire"
means a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute light on any property, to position and protect the lamps and to connect the lamps to the power supply.
"Outdoor advertising signs"
means business name identification or advertising signs permitted per Title 17 (Sign Regulations)
"Outdoor recreational facilities"
means public or private facilities as described in the City of Indian Wells Zoning Code Sections 21.08.060 (Amusement Park), 21.08.260 (Golf Course), 21.08.421 (Recreational Facilities)
"Shielded"
means provided with a protective cover or shelter as to obscure observation.
"Fully shielded"
means outdoor light fixtures shielded or constructed so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
"Partially shielded"
means outdoor light fixtures designed or constructed so that ninety (90) percent of the light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point of the shield.
"String lighting"
means any type of lighting that utilizes more than one (1) lamp or bulb which are connected by continuous means and installed in a permanent manner. The power of the bulbs must not exceed 1.5 watts. The lamps or bulbs must not be flashing unless they are temporary "Holiday Decorations." Refer to Sections 22.12.060(d) and 22.12.070(d).
(Ord. 391 § 1, 1996; Ord. 324 § 1 [Exhibit A], 1993; Ord. 506 § 1, 2002)
(a) 
Outdoor Advertising Signs. Lighting fixtures used to illuminate an outdoor advertising sign as permitted under Title 17 (Sign Regulations) shall comply with the lamp source and shielding requirements of Section 22.12.050 and the prohibitions of Section 22.12.060.
(b) 
Shielding. All non-exempt outdoor light fixtures shall be shielded as required in Section 22.12.050.
(Ord. 324 § 1 [Exhibit A], 1993)
Lamp source and shielding of light emissions for outdoor light fixtures shall be subject to the following requirements, which shall be sufficiently complete to enable the City to readily determine whether compliance with the requirements of this Chapter will be secured.
(a) 
Commercial and Business Activities. All new development in Community Commercial (CC), Resort Commercial (RC), and Office Professional (OP) zone designations shall have an exterior lighting plan prepared by an engineer registered in the State of California and submitted to the Community Development Director or designee for review and approval prior to the installation of any luminaire.
(1) 
Required Objectives of Exterior Lighting Plan. The plan shall achieve the following objectives:
(i) 
Avoid interference with reasonable use of adjoining properties;
(ii) 
Minimize on-site and off-site glare;
(iii) 
Provide adequate on-site operational and security lighting;
(iv) 
Limit luminaires' height to avoid excessive illumination; and
(v) 
Provide structures which are compatible with the total design of the proposed facility.
(2) 
Required Elements of Exterior Lighting Plan. The plan shall include the following elements:
(i) 
A photometric display indicating the point by point candle layout to extend ten (10) feet beyond all property lines.
(ii) 
Maximum overall height of any luminaire shall not be more than fourteen (14) feet in or adjacent to residential areas and not more than eighteen (18) feet in non-residential areas.
(iii) 
Luminaire shall possess sharp cut-off qualities at property lines.
(iv) 
There shall be no more than a seven to one (7:1) ratio of level of illumination shown (maximum to minimum ratio between any two (2) points).
(v) 
There shall be no mercury vapor or halide lighting fixtures.
(vi) 
There shall be a minimum of one (1) foot-candle illumination.
(vii) 
Operation of any lighting other than security lighting beyond normal business hours is prohibited.
(b) 
Residential Units. All new development located in a residential zone designation shall submit a lighting plan to the Planning Department for review and approval in accordance to Chapter 21.60 of this Municipal Code. The application for a design review approval involving non-exempt outdoor light fixtures shall include evidence that the proposed work will comply with this Chapter.
(1) 
Required Information for Lighting Plan. The submission shall contain, but not be limited to, the following:
(i) 
The location of the site where the outdoor light fixtures will be installed;
(ii) 
Plans indicating the location and type of fixtures on the premises; and
(iii) 
A description of the outdoor light fixtures, including, but not limited to, manufacturer's catalog cuts and drawings, height from pad grade, method of full or partial shielding, etc.
(2) 
Requirement for Completion. The above required plans and descriptions shall be sufficiently complete to enable the City to readily determine whether compliance with the requirements of this Chapter will be secured.
(c) 
Additional Standards. When lighting is "Allowed" by this Chapter, it must be fully shielded where feasible and partially shielded in all other cases. All outside lighting shall be so arranged and shielded as to prevent any glare or reflection and any nuisance or hazardous interference of any kind on adjoining streets or property.
(1) 
Tree-Mounted Lights. Tree-mounted lighting shall be permitted within the public right-of-way or any commercial or residential land use zone of the City, upon compliance with the following minimum standards:
(i) 
Maximum overall height of any tree-mounted luminaire shall not be more than twelve (12) feet from the ground surface. No more than one (1) luminaire per tree shall be permitted. A tree-mounted luminaire shall be only permitted for the up-lighting of a tree crown or canopy.
(ii) 
Any tree-mounted luminaire (including electrical conduit) shall be painted to match the tree trunk on which it is erected.
(iii) 
Any tree-mounted luminaire shall be fully shielded and positioned in such a manner as to avoid interference with reasonable use of adjoining properties and minimize on-site and off-site glare.
(iv) 
All tree-mounted luminaires (including electrical conduit) must be kept in "good condition" at all times. Chipped or faded paint exposed wiring, broken or unsecured conduit mounts or broken luminaire (housing or lens) does not constitute "good condition."
(2) 
No lighting for tennis courts owned by individuals for their own use is permitted.
(3) 
For residential units, string lighting may be installed as long as the permanent manner of installation is an integral part of the overall design and approved by the Review Authority under Chapter 21.60. The lamps or bulbs must not be flashing unless they are temporary "holiday decorations." Refer to Sections 22.12.060(d) and 22.12.070(d).
(Ord. 506 § 1, 2002; Ord. 727 § 5, 2020)
The following are strictly prohibited:
(a) 
Mercury Vapor Lights. The installation of any mercury vapor light(s) is strictly prohibited.
(b) 
Halide Lights. The installation of any halide light(s) is strictly prohibited.
(c) 
Searchlights for Advertising Purposes. Operation of searchlights for advertising purposes is strictly prohibited.
(d) 
Flashing Lights. For string lighting installations, as outlines under Section 22.12.050(b)(1)(v), the lamps or bulbs, as defined in Section 22.12.030(p), must not be flashing unless they are temporary "Holiday Decorations" as outlined in 22.12.070(d).
(Ord. 391 § 1, 1996; Ord. 324 § 1 [Exhibit A], 1993)
(a) 
Non-conformance. All outdoor light fixtures existing and legally installed prior to the effective date of this Chapter are exempt from the requirements of this Chapter, except when existing luminaries are reconstructed or replaced, such reconstruction or replacement shall be in compliance with this Chapter.
(b) 
Public Lighting. All outdoor lighting originating from public areas and ways including but not limited to public parks, rights-of-way, public art, outdoor recreational or other public facilities are exempt from the requirements of this Chapter.
(c) 
Fossil Fuel Light. All outdoor light fixtures producing light directly by combustion of fossil fuels (such as kerosene lanterns and gas lamps) are exempt from the requirements of this Chapter.
(d) 
Holiday Decorations. Lights used for holiday decorations are exempt from the requirements of this Chapter as long as they are not installed more than thirty (30) days before the holiday and are removed within thirty (30) days after the holiday.
(Ord. 324 § 1 [Exhibit A], 1993)
(a) 
Information Required in Written Request. Any individual may submit a written request to the Director of Community Development for a temporary exemption from the requirements of this Chapter by filing for a Temporary Use Permit (TUP). The filing fee for the TUP shall be dependent on whether a public hearing is required for the Temporary Use Permit as determined by the Community Development Director. The request for temporary exemption shall contain the following information:
(i) 
Name, address and telephone number of the applicant;
(ii) 
Location of the outdoor light fixtures for which the exemption is requested;
(iii) 
Specific exemption(s) requested;
(iv) 
Use of the outdoor light fixtures involved;
(v) 
Duration of the requested exemption(s);
(vi) 
Type of outdoor light fixture to be used, including total lumen output, character of the shielding, if any;
(vii) 
Previous temporary exemptions, if any; and
(viii) 
Such other data and information as may be required by the Director of Community Development.
(b) 
Response to Request. The Director of Community Development shall have fifteen (15) business days from the date of receipt of the request for temporary exemption to approve or disapprove the request. The applicant will be notified of the decision in writing.
(c) 
Duration of Approval. The exemption shall be valid for not more than thirty (30) consecutive days from the date of issuance of approval. Exemptions are renewable for a period of not more than fifteen (15) consecutive days. Requests for renewal of a temporary exemption shall be processed in the same manner as the original request. Except as otherwise provided in this Chapter, no outdoor light fixtures shall be exempted from this Chapter for more than forty-five (45) days during any twelve (12) month period.
(d) 
Appeals. An applicant or any interested person may file an appeal from the decision of the Community Development Director within ten (10) days of the date of mailing of the notice of decision to the applicant. The appellant may appeal that decision, in writing, to the City Council, on forms provided by the Community Development Department, which shall be accompanied by a filing fee set by the City Council. Upon receipt of a completed appeal, the City Clerk shall set the matter for hearing before the City Council not less than five (5) days nor more than thirty (30) days thereafter and shall give written notice of the hearing to the appellant and the Director of Community Development. The City Council shall render its decision within thirty (30) days following the close of the hearing on the appeal.
(Ord. 324 § 1 [Exhibit A], 1993)
This Chapter shall not apply to portable temporary lighting used by law enforcement or emergency services personnel to protect life or property.
(Ord. 324 § 1 [Exhibit A], 1993)
Where any provision of the statutes, codes or laws of the United States of America or the State of California conflicts with any provision of this Chapter, the most restrictive shall apply unless otherwise required by law.
(Ord. 324 § 1 [Exhibit A], 1993)
It shall be unlawful for any individual to operate, erect, construct, enlarge, alter, replace, move, improve, or convert any lighting structure, or cause the same to be done, contrary to or in violation of any provision of this Chapter. Any individual violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted.
Any individual convicted of a violation of this Chapter shall be (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred fifty dollars ($250.00) for a second violation on the same site and perpetrated by the same individual. The third and any additional violations on the same site and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both. Payment of any penalty herein shall not relieve any individual from the responsibility for correcting the violation.
(Ord. 324 § 1 [Exhibit A], 1993)
Any lighting structure erected, constructed, enlarged, altered, replaced, moved, improved, or converted contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance and subject to abatement in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this Chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the erection, construction, enlargement, alteration, replacement, improvement, or conversion of a lighting structure erected, constructed, enlarged, altered, repaired, moved, improved, or converted contrary to the provisions of this Chapter.
(Ord. 324 § 1 [Exhibit A], 1993)