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(A) This subchapter shall take effect immediately upon approval by City Council and publication in a newspaper of general circulation, and shall supersede and replace all previous ordinances pertaining to outdoor lighting.
(B) All luminaires in place prior to the date of this subchapter shall be grandfathered. However, any luminaire that replaces a grandfathered luminaire, or any grandfathered luminaire that is moved, must meet the standards of this subchapter. Notwithstanding, all luminaires within the city limits shall be brought into compliance within 10 years of enactment of this subchapter.
(Ord. 2005-6, passed 4-4-2005)
(A) Installation of any new public area and roadway lighting fixtures other than for traffic control shall be specifically approved by the City Council.
(B) Before any proposal for new multiple public roadway lighting luminaires shall be approved, the City Council shall hold a public hearing to describe the proposal and to provide an opportunity for public comment.
(C) If any subdivision, development or new construction within the city proposes to have installed street or other common or public area outdoor lighting, the lighting plans, description, and data shall be approved by the city and the final plat shall contain a statement certifying that the applicable provisions of the city will be adhered to.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
Any building permit application within the city shall include a statement asking whether the planned project will include any outdoor lighting.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
If after receipt and investigation of a complaint, city officials find that any provision of this subchapter is being violated, notice by hand delivery or by certified mail, return receipt requested, of such violation shall be given to the owner and/or to the occupant of such premises, demanding that the violation be abated within 30 days of the date of hand delivery or of the date of mailing of the notice. If the violation is not abated within the 30-day period, such continuing violation shall constitute a minor offense.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
(A) Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution or mounting height, except that if any spot or flood luminaire rated 900 lumens or less is aimed, directed or focused so as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
(B) Luminaires used for public roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property.
(C) All temporary emergency lighting needed by the Police, the Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this subchapter.
(D) All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of this subchapter, except that all luminaires used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.
(E) Luminaires used primarily for sign illumination may be mounted at any height to a maximum of 25 feet regardless of lumen rating.
(F) Where any provision of federal, state, or county or city statute, ordinance, or regulation conflicts with any provision of this subchapter, the most restrictive shall govern unless otherwise regulated by law.
(G) Spot lighting may be used to illuminate a building, sign or flag, or flood lighting for temporary backyard, driveway or security purposes, provided such lights do not cause glare perceptible from the street or light trespass upon neighboring property greater than 1 footcandle.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
(A) Any temporary outdoor lighting that conforms to the requirements of this subchapter shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the City Council after considering:
(1) The public and/or private benefits that will result from the temporary lighting;
(2) Any annoyance or safety problems that may result from the use of the temporary lighting; and
(3) The duration of the temporary nonconforming lighting.
(B) The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the City Council, who shall consider the request at a duly called meeting of the Council. Prior notice of the meeting of the City Council shall be given to the applicant and the Pewee Valley Lighting Committee. The City Council shall render its decision on the temporary lighting request within two weeks of the date of the meeting. A failure by the City Council to act on a request within the time allowed shall constitute a denial of the request.
(C) Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure and shall comply with shielding requirements of § 150.082. Bottom-mounted outdoor advertising-sign lighting shall not be used. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within which do not require shielding must be approved by the City Council, where lamp wattage total shall be less than 41 watts. Dark backgrounds with light lettering or symbols are preferred to minimize detrimental effects. Laser or similar high intensity source lights, including searchlights, is prohibited.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
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