A. Purpose: The purpose of this section is:
1. To prevent the degradation of the nighttime visual environment by production of unsightly and dangerous glare;
2. To create lighting practices that promote the health and safety of Summit County's citizens and visitors;
3. To prevent unnecessary waste of energy and resources in the production of excessive light or wasted light;
4. To prevent interference in the use or enjoyment of property which is not intended to be illuminated at night and the loss of the scenic view of the night sky due to increased urban sky-glow.
B. Applicability: All exterior outdoor lighting installed after the effective date of this section in all zones in Eastern Summit County shall conform to the requirements established by this section.
1. This section does not apply to indoor lighting.
2. All existing outdoor lighting that does not meet the requirements of this section and is not exempted by this section shall be considered a nonconforming use and as such shall be regulated as outlined in section 11-6-2 of this chapter.
3. Should this section be found to be in conflict with other sections of this Code, the more restrictive shall apply.
C. Application And Review Procedures: All development permit applications or submittals that propose street lighting or other outdoor lights shall include a lighting plan that shows evidence that the proposed lighting fixtures and light sources shall comply with this Code and shall include the following:
1. Plans or drawings indicating the proposed location of lighting fixtures, height of lighting fixtures on the premises, and type of illumination devices, lamps, supports, shielding and reflectors used and installation and electrical details.
D. Full Cutoff Fixture Requirements:
1. Outdoor Lighting: Unless specifically exempted by this section, all outdoor lighting shall use full cutoff fixtures and shall be installed so light is directed downward with no light emitted above the horizontal plane of the fixture.
2. Location: Lighting must not be placed at a location, angle, or height that directs illumination or horizontal trespass outside the property boundaries where the light fixtures are located.
3. Qualification: In order to qualify as a "full cutoff" fixture, a light fixture must have the top and sides made of completely opaque material so that light only escapes through the bottom of the fixture. Fixtures with translucent or transparent sides, or sides with perforations or slits, do not qualify as full cutoff. Any glass or diffuser on the bottom of the fixture must be flush with the fixture (no drop lenses). Merely placing a light fixture under an eave, canopy, patio cover, or other similar cover does not qualify as full cutoff.
4. Exemptions To Full Cutoff Fixture Requirements:
a. Fixtures having a total light output less than one thousand (1,000) lumens (allowing a maximum of a 60 watt incandescent, a 15 watt compact fluorescent bulb or LED equivalent) are exempted from the full cutoff requirement provided:
(1) The fixture has a top that is completely opaque such that no light is directed upwards.
(2) The fixture has sides that completely cover the light source and are made of opaque or semi opaque material. Fixtures with opaque sides may have incidental decorative perforations that emit small amounts of light.
(3) Semi opaque material such as dark tinted glass or translucent plastic may be used if the light source is not discernable behind the material.
(4) Completely transparent materials, such as clear glass, are not allowed.
(5) The bulb or lamp must not be visible from any point outside the property on which the fixture is located.
E. 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 Community Development Director review.
1. Agricultural Lighting: Lighting for agricultural activities or agricultural buildings as defined in appendix A of this title is exempt from the requirements of this section, provided such lighting is down directed and shielded to prevent glare to the level of a nuisance on adjacent streets or properties.
2. Holiday Lighting: Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and February 1 shall be exempt from the provisions of this section, provided that such lighting does not create glare to the level of a nuisance on adjacent streets or properties, is maintained in an attractive condition and does not constitute a fire hazard.
3. Traffic: Traffic control signals and devices.
4. Emergency: Temporary emergency lighting in use by law enforcement or government agencies or at their direction.
5. Flags: The lighting of Federal or State flags, per the regulations for lighting a flag in the United States Code title 36, chapter 10.
6. Low Voltage And Solar Lights: Low voltage lights and solar lights used to illuminate pathways in residential areas, provided the lights are installed no more than eighteen inches (18") above the adjacent ground level.
F. Light Trespass Standard: All light fixtures, including security lighting, shall be aimed and shielded so that the direct illumination shall be confined to the property boundaries of the source. Motion sensing light fixtures shall be fully shielded and properly adjusted, according to the manufacturer's instructions, to turn off when detected motion ceases.
G. Prohibited Lighting: The following are prohibited:
1. Floodlights or spotlights affixed to buildings or poles for the purpose of lighting parking lots or sales display lot areas.
2. Architectural lighting intended to accent or draw attention to architectural features of a building.
3. Landscape lighting intended to accent or draw attention to landscape elements on the property.
4. Search lights, laser source lights or any similar high intensity lighting is prohibited except in emergencies by police and fire personnel or at their direction.
5. Up lighting to illuminate buildings and other structures.
6. Flashing, blinking, intermittent or other lights that move or give the impression of movement.
H. Amortization Of Nonconforming Outdoor Lighting:
1. Amortization: The County shall require the termination of use of any and all nonconforming outdoor lighting fixtures, structures, lamps, bulbs or other devices that emit or generate light which are not otherwise exempted by this section, pursuant to the amortization schedule contained in this section.
2. Schedule Of Amortization: All outdoor lighting legally existing and installed prior to the effective date of this section and which is not exempted shall be considered nonconforming and shall be brought into compliance by the property owner as follows:
a. Immediate abatement as a condition for approval upon application for a building permit, sign permit, conditional use permit, design development review or similar County permit or review when said site improvements, construction, reconstruction, expansion, alteration or modification of existing sites, structures, or uses individually or cumulatively equal or exceed one thousand five hundred (1,500) square feet. Projects less than one thousand five hundred (1,500) square feet will not be subject to immediate abatement.
b. All damaged or inoperative nonconforming lighting shall be replaced or repaired only with lighting equipment and fixtures compliant with this chapter.
c. All outdoor lighting not previously scheduled for amortization or otherwise exempted shall be brought into conformance with this section within seven (7) years from the effective date of this section.
I. Requirements For Lighting Non-Motorized Commercial/Private Recreation Facilities: All requests for new outdoor non-motorized commercial/private recreation facilities lighting fixtures shall meet the following requirements:
1. The recreational lighting has provisions for minimizing glare, spill light and up light by the use of louvers, hoods, or shielding.
2. The recreational lighting will only illuminate the field or court area with no direct illumination falling outside of those areas.
3. Pole mounted recreational lighting shall be limited to eighteen feet (18') in height.
4. Pole mounted recreational lighting must be set back a minimum of sixty feet (60') from adjacent residential properties.
5. Lighting for sports fields shall be shut off no later than eleven o'clock (11:00) P.M.
6. The lighting for nonfield and noncourt areas shall conform to all provisions of this section.
Exemption: Because of their unique requirements for nighttime visibility and their limited hours of operation, lighting fixtures for baseball diamonds, playing fields, rodeo grounds, tennis courts or other similar uses may exceed the eighteen foot (18') height limit subject to the following:
1. Planning Commission Review: All applications for pole height greater than eighteen feet (18') shall be reviewed by the Eastern Summit County Planning Commission.
2. Maximum Height: In no case shall any lighting fixture exceed seventy feet (70') in height as measured from the top of the fixture to the adjacent grade or the horizontal plane being lit by the fixture.
3. Fixtures: Lighting fixtures shall be subject to all other requirements in this section.
J. Figures:
(Ord. 895, 3-13-2019)