(A) Intent and purpose.
(1) Village residents value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary to maintain public safety and welfare.
(2) This section is intended to help maintain the health, safety, and welfare of the residents of the village through regulation of exterior lighting in order to:
(a) Promote safety and security;
(b) Help preserve the small town character;
(c) Eliminate the escalation of nighttime light pollution;
(d) Reduce glaring and offensive light sources;
(e) Provide clear guidance to builders and developers;
(f) Encourage the use of improved technologies for lighting;
(g) Conserve energy; and
(h) Prevent inappropriate and poorly designed or installed outdoor lighting.
(B) Applicability. The lighting standards of this section shall be applicable to all outdoor lighting within the village.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIXTURE HEIGHT. Height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.
FOOTCANDLES. A unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, FOOTCANDLES shall be measured at a height of three feet above finished grade.
FULLY SHIELDED LIGHT. Light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively direct light down in order to conform with the definition.
HIGH-INTENSITY DISCHARGE LIGHT SOURCE (HID). Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards.
LIGHT TRESPASS. The shining of light produced by a light fixture beyond the boundaries of the property on which it is located.
POINT LIGHT SOURCE. The exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule).
(D) Lighting plans.
(1) Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas. One lighting structure shall be provided on each side of an entrance or exit drive or street at its intersection with the public road, except where a boulevard or divided entrance/exit drive is proposed, one lighting structure may be located in the boulevard or island area for the purpose of illuminating the intersection.
(2) (a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, special use permit application, site plan review, and building permit application for a commercial, industrial, or multi-family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes.
(b) Said lighting plan shall show, the following:
1. The location and height above grade of light fixtures;
2. The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source;
3. The type of fixture (such as floodlight, full-cutoff, lantern, coach light);
4. Estimates for site illumination resulting from the lighting, as measured in footcandles, should include minimum, maximum, and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and
5. Other information deemed necessary by the Zoning Official to document compliance with the provisions of this subchapter.
(E) Nonresidential lighting standards. The following lighting standards shall be applicable to all nonresidential properties, including mixed uses.
(1) Shielding.
(a) Outdoor lighting used to illuminate par-king spaces, driveways, maneuvering areas, or buildings shall conform to the definition for “fully shielded light fixtures” and be designed, arranged, and screened so that the point-light source shall not be visible from adjoining lots or streets.
(b) No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of 12 feet, no portion of the bulb or direct lamp image may be visible from 24 feet away in any direction.
(c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions may be allowed where there is a demonstrated benefit for the community determined through the exemption process listed in this section.
(2) Intensity. The light level shall maintain an average of one-half footcandles over the entire area to be illuminated, but no more than ten footcandles as measured three feet above finished grade in any given area. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20-footcandles. Where adjacent to Residential (R) Zoned Districts, light levels at the property line shall be limited to one-tenth footcandles. Exemptions may be granted by the Planning Commission and/or Zoning Commission, as required, based on actual use of the adjacent property or other conditions specific to the site plan.
(3) Height. Outdoor lighting shall be 12 feet or less in height, maximum, unless it meets one or more of the following criteria:
(a) Fixture heights may be match the roof height of the primary building on the site or parcel which the public or common area serves, provided the overall height does not exceed 20 feet;
(b) Fixtures in pedestrian walkways, i.e., along internal sidewalks, shall be limited to 12 feet in height or less;
(c) Building mounted lighting located above over-head-doors shall be limited to 36 inches above the top of the door opening;
(d) Decorative building mounted lighting; and
(e) Lighting on above grade decks or balconies which shall be fully shielded.
(4) Fixtures. Outdoor pole type light fixtures shall be similar to that manufactured by D.S. Daley Co, of Highland, Michigan. See sketch 320-A below.
(5) High-intensity discharge (HID) light sources. High Intensity discharge (HID) light sources are allowed with a maximum of 175-watt metal halide (coated lamp - 3,000 degrees Kelvin). Standards for other HID light sources may be established by the village for new technology consistent with the above restrictions.
(6) Spacing. Based on 20-foot high fixture height, parking lot lighting shall be no less then 80 feet and no more then 100 feet apart to achieve required illumination levels. Decorative fixtures (which are also fully shielded) are allowed to maintain 50 feet fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 feet measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 feet and shall not exceed 50 watts.
(7) Color. Colors shall be determined by the Planning Commission and/or Zoning Commission, as required, selected from the manufacturer’s range of standard colors.
(8) Pole-mounted fixture. Pole-mounted fixtures shall be limited to two light sources per pole.
(9) Mixed-use areas. Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses.
(10) Up-lighting.
(a) Up-lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky.
(b) In these cases the fixture spacing is limited to one fixture per 150 square feet of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. Up-lighting of flags is permitted with a limit of two fixtures per flagpole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-foot radius.
(11) Time period. Required lighting shall be turned on daily from one-half hour after sunset to one-half hour before sunrise.
(12) Design. The design of building mounted light fixtures shall compliment the character of the surrounding uses. In areas within the Downtown Development Authority (DDA) District, the applicant shall consult with the DDA on the appropriateness of the fixture, and the DDA shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required. The DDA shall also provide a recommendation on the color of the lighting fixtures. In areas within the Historic District, the applicant shall consult with the Historic District Commission (HDC) on the appropriateness of the fixture, and the HDC shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required.
(F) Residential lighting standards. The following lighting standards shall be applicable to residential properties.
(1) Height.
(a) No light fixture shall be greater than 12 feet in height.
(b) Exceptions are building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less.
(2) Intensity. Light intensity shall not exceed ten-footcandles measured three feet above finished grade. Outdoor lighting with HID light sources in excess of 35 watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources, including halogen shall not exceed 50 watts. Landscape lighting is limited to 35 watts per fixture per 150 square feet of landscaped area (as measured in a horizontal plane).
(3) Shielding. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to one-tenths of a footcandle as measured at the property line. All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source.
(4) Street lighting.
(a) New residential subdivision construction shall be required to include street lighting.
(b) All new lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards of this section.
1. Location. A minimum of one streetlight shall be placed at all intersections and curves in streets that exceed 25 degrees. One lighting structure shall be provided on each side of an entrance or exit drive or street at its intersection with the public road, except where a boulevard or divided entrance/exit drive is proposed, one lighting structure may be located in the boulevard or island area for the purpose of illuminating the intersection.
2. Fixtures. Streetlights shall be full cut-off traditional tear-drop type fixtures and shall be mounted on aluminum pole. Milled steel or cement poles may be considered as an option by the Planning Commission and/or Zoning Commission, as required. Street light fixtures shall not be attached to utility poles.
3. Design. In areas within the Historic District, the applicant shall consult with the Historic District Commission (HDC) on the appropriateness of the fixture, and the HDC shall provide a recommendation to the Planning Commission and/or Zoning Commission, as required.
(5) Security lights. Security lights shall be restricted as follows.
(a) The point light source shall not be visible from adjoining lots or streets.
(b) Floodlights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property.
(c) Timer-controlled flood lights shall be prohibited.
(d) Photo-cell lights shall be allowed under the following circumstances:
1. At primary points of entrance (e.g., front entries) or in critical common areas for commercial and multi-family properties;
2. Where the light sources are fully-shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and
3. The light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption.
(6) Motion sensor lights. Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner’s property lines. Light trespass at property lines should not exceed one-tenth of a footcandle as measured at the brightest point.
(G) Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this section, including those requirements pertaining to Zoning Compliance Officer review.
(1) Holiday lighting. Holiday lighting which is temporary in nature shall be exempt from the provisions of this section; provided, that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard.
(2) Municipal lighting. Municipal lighting installed for the benefit of public health, safety, and welfare, including, but not limited to, traffic-control devices, existing streetlights, and construction lighting.
(3) Temporary lighting.
(a) Any person may submit a written request to the Village Planner for a temporary exemption request. If approved, the exemption shall be valid for not more than 14 days from the date of issuance of a written and signed statement of approval. An additional 14-day temporary exemption may be approved by the Planner. The Planner shall have the authority to refer an application for a temporary exemption to the Planning Commission and/or Zoning Commission, as required, or the Historic District Commission if deemed appropriate.
(b) A temporary exemption request shall contain at least the following information:
1. Specific exemption or exemptions requested;
2. Type, use, and purpose of outdoor lighting fixture(s) involved;
3. Duration of time requested for exemption;
4. Type of lamp and calculated lumens;
5. Total wattage of lamp(s);
6. Proposed location on premises of the outdoor light fixture(s);
7. Previous temporary exemptions, if any;
8. Physical size of outdoor light fixture(s) and type of shielding provided; and
9. Such other information as may be required by the Village Planner.
(4) Approved historic lighting fixtures. Nonconforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic District Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed 50 watts.
(5) Decorative lighting. Decorative lighting elements such as shades with perforated patterns and opaque diffusers may be exempted from the fully-shielded requirement provided they do not exceed 50 watts.
(6) Lighting plans or fixture proposals.
(a) If a proposed lighting plan or fixtures are proposed that do not meet this chapter but that have demonstrable community benefit, an exemption may be considered by the Planning Commission and/or Zoning Commission, as required.
(b) The applicant shall submit additional information to adequately assess the community benefit for review by the Village Planner.
(H) Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the village.
(1) Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by the Building Code.
(2) Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures.
(3) Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights and internally illuminated signs shall be prohibited, except for temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes.
(4) Unshielded floodlights and timer-controlled floodlights shall be prohibited.
(5) (a) No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares.
(b) The following is prohibited:
1. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle; and
2. Any light that may be confused with or construed as a traffic-control device, except as authorized by state, federal, or city government.
(6) No beacon or searchlight shall be installed, illuminated, or maintained.
(7) Up-lighting is prohibited, except as otherwise provided for in this section.
(I) Nonconforming lighting. Unless otherwise specified within this chapter, existing nonconforming outdoor lighting shall be replaced with conforming fixtures or existing fixtures must be retrofitted to comply with this chapter whenever an application is submitted for a building permit for an addition or alteration to a structure or to part of a structure of which said lighting is an integral part, or any instance in which a special use or site plan review by the Planning Commission and/or Zoning Commission, as required, is necessary.
(J) Review standards.
(1) Height.
(a) Outdoor residential and commercial lighting shall not exceed the footcandles designated in their respective sections.
(b) Special review by the Planning Commission and/or Zoning Commission, as required, may allow lighting of greater height under the following circumstances: a fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non-adjustable mounting.
(2) Intensity.
(a) Outdoor nonresidential and residential lighting shall not exceed the footcandles designated in their respective sections.
(b) Special review by the Planning Commission and/or Zoning Commission, as required, may allow lighting of a greater intensity under the following circumstances:
1. A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non-adjustable mounting; or
2. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non-adjustable mounting.
(3) Fixtures.
(a) Lighting fixtures must comply with the provisions of the residential or nonresidential section as appropriate.
(b) The Planning Commission and/or Zoning Commission, as required, will consider the recommendations of the HDC and/or DDA as appropriate.
(K) Procedures.
(1) Administrative review procedures. Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, site plan review, or special review application shall be reviewed by the Planning Commission and/or Zoning Commission, as required.
(Ord. 259, passed 10-24-1995; Ord. 371, passed 1-20-2005; Ord. passed 2-1-2012) Penalty, see § 157.999