§ 152.222  NIGHT SKY.
   (A)   Introduction.
      (1)   Night sky regulations are intended to protect the character of the night sky from light pollution originating from light fixtures.
      (2)   Night sky regulations have recently evolved in response to the loss of “starry night,” brought about by urbanization and reliance on nighttime lighting.
      (3)   Unpolluted night skies are important for those pursuing astrology, for energy conservation, safe air travel, and to preserve community character.
   (B)   Intent and purposes.
      (1)   Minimize light trespass and light straying from artificial light sources;
      (2)   Minimize harshly lighted surfaces and direct glare in order to enhance nighttime vision;
      (3)   Encourage lighting practices and lighting systems that are designed to conserve energy; and
      (4)   Provide for adequate night-time safety, utility, security and productivity.
   (C)   Requirements.
      (1)   Areas and types of lighting not covered by this chapter:
         (a)   Residential decorative lighting (i.e. porch lights, low level lawn lights, and special seasonal lights such as Christmas decorations);
         (b)   Emergency lighting;
         (c)   Any lighting required by the FCC or FAA;
         (d)   Underwater lighting of swimming pools and other water features;
         (e)   Temporary lighting for television, theatrical, performance areas;
         (f)   Construction sites;
         (g)   Community festivals;
         (h)   Seasonal and holiday lighting provided that the lighting does not create direct glare onto other properties or upon the public rights-of-way;
         (i)   Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fuels; and
         (j)   Luminaries used to illuminate the flag of the United States of America provided the lighting of the flag or pole shall not create a direct glare beyond the property boundary.
      (2)   Items specifically included in this chapter but not limited to:
         (a)   Residential yard lights whether building-mounted or pole-mounted;
         (b)   Commercial and industrial parking lot lighting and site lighting;
         (c)   Privately-owned roadway lighting; and
         (d)   Building facade lighting.
      (3)   All outdoor lighting shall be constructed and designed to meet or exceed the following minimum requirements. Light measurements shall be taken at the ground level.
         (a)   The average lighting values for areas intended to be lit on commercial, industrial and institutional parcels shall not exceed 1 foot-candle on average.
         (b)   Gas station services areas for filling fuel shall not exceed 12.5 foot- candles on average.
         (c)   Outdoor display areas including, but not limited to, automobile or equipment dealer display or storage lots shall not exceed 12 foot-candles on average during the hours the business is open to the public or until 11:00 p.m.
         (d)   Direct or reflected outdoor lighting shall be designed and located to be confined to the site for which it is accessory. The maximum lighting levels at the property lines of any other property shall not exceed 0 foot-candles.
         (e)   Site lighting for non-residential uses shall not exceed 1.5 foot-candles on average when a use is not open for business.
      (4)   Lighting shall be designed and constructed in such a manner as to:
         (a)   Ensure that direct or directly reflected light, unless part of a street lighting or access road lighting, is confined to the development site; and
         (b)   1.   Lamps and luminaries shall be hooded and/or louvered to provide a glare free area beyond the property line and beyond any public right-of-way.
            2.   The glare free area shall extend to a height of 8 feet above the highest ground and the tallest object on the neighboring property and a public road right-of-way.
      (5)   (a)   Lighting fixtures shall have 100% cut off above the horizontal plane at the lowest part of the point light source.
         (b)   That is, the light rays may not be emitted by the luminaire at angles above the described horizontal plane, as may be certified by photometric test.
         (c)   The intensity of light at any angle above a cut off of 75 degrees shall be less than 10% of the peak candela for the luminaire.
      (6)   With the exception of automobile and similar outdoor sales areas where a high level of color rendition is essential to the activity being conducted.
      (7)   Outdoor recreation areas and amusement area lighting will be allowed to use standard color metal sources and standard sports lighting fixtures if they are mounted at a sufficient height and properly equipped with baffling or glare guards to meet the requirements of this section.
(Ord. passed 10-23-1978, § 15.03; Am. Ord. 2005-3, passed 3-7-2005; Am. Ord. passed 7-9-2018; Am. Ord. 19-03, passed 10-14-2019)  Penalty, see § 152.999