(A) Purpose. The purpose of the Lighting Ordinance is to provide regulations for outdoor lighting that will:
(1) Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment and commerce.
(2) Minimize adverse offsite impacts including light trespass, and obtrusive light.
(3) Curtail light pollution and improve the nighttime environment for astronomy.
(4) Help protect the natural environment from the adverse effects of night lighting derived from gas or electric sources.
(5) Conserve energy and resources to the greatest extent possible.
(B) Applicability. Except as described below, all outdoor lighting installed after the date of effect of this zoning code 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.
(C) Exceptions. The following are not regulated by this section:
(1) Lighting within public rights-of-way or easements for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right of way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.
(2) Lighting for public monuments and statuary. Lighting solely for signs. Sign lighting is regulated by § 178.146 Sign Standards.
(3) Temporary lighting for theatrical, television, performance areas, hazards, and construction sites.
(4) Underwater lighting in swimming pools and other water features.
(5) Temporary lighting and seasonal lighting provided that individual lamps are less than ten watts and 70 lumens.
(6) Lighting that is only used under emergency conditions.
(D) Lighting standards, all zoning districts.
(1) Glare reduction. All outdoor lighting in all use districts used to light the general area of a specific site or for external illumination of buildings or structures, shall be shielded and arranged to reduce glare and to reflect light away from all adjacent and neighboring persons, property or public roads and highways, and so as to not interfere with the vision of such persons or adjacent property.
(2) Adjacent to residential zones. For office, commercial, and industrial zones and any roadway adjacent to residential zones:
(a) Shielding. No light fixture shall be placed in such a manner that its light emitting surface is directed at any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level. Any luminaries on a pole, stand, or mounted on a building must have a shield, an adjustable reflector, and a non-protruding diffuser.
(b) Maximum intensity. The level of lighting shall not exceed 0.5 foot candles at any residential property line or 1.0 foot candles at any non-residential property line.
(c) Recessed diffusers required. Any canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy.
(d) Enforcement. Measurements of light readings shall be taken vertically along any portion of a property line of the subject property with a light meter laid on the property line and facing the center of the property.
(e) Maximum elevation. Parking lot pole lights shall not exceed 25 feet in height.
(E) Lighting zones - reserved for adoption.
NOTE: This Chapter is reserved for future use. The scope of this zoning code re-write is intended to address non-residential lighting glare and glow. In review of work by the Illuminating Engineering Society, outdoor residential lighting is as pervasive a problem to the night sky as are non-residential uses. Therefore, the village of McComb should consider establishing lighting zones per the Illuminating Engineering Society's Recommended Model Lighting Ordinance (M.O.). As written, this zoning code aims to minimize the effects of unwanted jacklight, uplight, and glow in the city caused by non-residential lighting. See § 178.010 Definitions for more information on each, (need uptight ordinance as applicable).
(F) Lighting control requirements. Automatic switching requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system.
(G) High intensity and special purpose lighting. The following lighting systems are prohibited from being installed or used except by special use permit:
(1) Temporary lighting in which any single luminaire exceeds 20,000 lumens or the total lighting load exceeds 160,000 lumens.
(2) Aerial lasers.
(3) Searchlights.
(4) Other very intense lighting defined as having a light source exceeding 200,000 lumens or an intensity in any direction of more than 2,000,000 candelas.
(H) Complex and nonconforming uses.
(1) Upon special permit issued by the village, lighting not complying with the technical requirements of this zoning code but consistent with its intent may be installed for complex sites or uses or special uses including, but not limited to, the following applications:
(a) Sports facilities, including but not limited to unconditioned rinks, open courts, fields, and stadiums;
(b) Construction lighting;
(c) Lighting for industrial sites having special requirements, such as petrochemical manufacturing or storage, and the like;
(d) Parking structures;
(e) Urban parks;
(f) Decorative and architectural lighting of bridges, public monuments, and public buildings.
(2) To obtain such a permit, applicants shall demonstrate that the proposed lighting installation:
(a) Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties, supported by a signed statement describing the mitigation measures. Such statement shall be accompanied by the calculations required for the performance method;
(b) Employs lighting controls to reduce lighting at a project specific curfew ("curfew") time to be established in the permit;
(c) Complies with the performance method after curfew.
(3) The Zoning Administrator shall review each such application. A permit may be granted if, upon review, the Administrator determines that the proposed lighting will not create unwarranted glare, sky glow, or light trespass.
(I) Existing lighting. Lighting installed prior to the effective date of this zoning code shall comply with the following.
(1) Amortization. On or before September 9, 2019, all outdoor lighting shall comply with this zoning code. Per B,C, and D.
(2) New uses or structures, or change of use. Whenever there is a new use of a property (zoning change or variance) or the use on the property is changed, all outdoor lighting on the property shall be brought into compliance with this zoning code before the new or changed use commences.
(3) Additions or alterations.
(a) Major additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this zoning code. For purposes of this section, the following are considered to be major additions:
1. Additions of 25% or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this zoning code.
2. Single or cumulative additions, modification or replacement of 25% or more of installed outdoor lighting luminaires existing as of the effective date of this zoning code.
(b) Minor modifications, additions, or new lighting fixtures - non-residential and multiple dwellings.
1. All additions, modifications, or replacement of more than 25% of outdoor lighting fixtures existing as of the effective date of this zoning code shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting.
2. Any new lighting shall meet the requirements of this zoning code.
(4) Resumption of use after abandonment. If a property with nonconforming lighting is abandoned for a period of six months or more, then all outdoor lighting shall be brought into compliance with this zoning code before any further use of the property occurs. Furthermore, zoning shall have the determination when to remove all outdoor lighting after six months of abandonment.
(Ord. O-2019-24, passed 9-9-2019)