CHAPTER 24
EXTERIOR LIGHTING
SECTION:
10-24-1: Title And Purpose
10-24-2: Applicability
10-24-3: Definitions
10-24-4: Standards And Requirements
10-24-5: Procedure For Approval
10-24-6: Violations; Enforcement
10-24-1: TITLE AND PURPOSE:
This chapter shall be known as the TOQUERVILLE EXTERIOR LIGHTING ORDINANCE. The purpose of these regulations is to protect and promote the public health, safety and welfare, the quality of life, and the ability to view the night sky, by establishing regulations and a process for review of exterior lighting. This chapter establishes standards for exterior lighting in order to accomplish the following:
   A.   Provide safe roadways for motorists, cyclists and pedestrians, and ensure that sufficient lighting can be provided where needed to promote safety and security;
   B.   Minimize the effects of direct glare and excessive lighting;
   C.   Protect the nighttime use and enjoyment of property and curtail the degradation of the nighttime visual environment, and thereby help preserve the quality of life in the city;
   D.   Prevent light trespass in all areas of the city;
   E.   Promote energy efficient and cost effective lighting in all areas of the city and comply with adopted state energy codes;
   F.   Allow for flexibility in the style of lighting fixtures;
   G.   Define practical and effective measures by which the obtrusive aspects of outdoor light usage can be minimized, and provide lighting practices that direct appropriate amounts of light where and when it is needed;
   H.   Provide nonfinancial assistance to property owners and occupants in bringing nonconforming lighting into conformance with this chapter; and
   I.   Work with other jurisdictions within Washington County to meet the purposes of this chapter. (Ord. 2017.02, 4-13-2017; amd. Ord. 2020.06, 2-13-2020)
10-24-2: APPLICABILITY:
   A.   All exterior lighting, installed after the effective date hereof, shall conform to the standards established by this chapter. All conforming characteristics and components must be permanent.
   B.   All existing exterior lighting, installed before the effective date hereof, shall be brought into conformance with this chapter, except subsection B1 of this section, within the following time periods:
      1.   All existing exterior lighting located on a subject property that is part of an application for design review approval, a conditional use permit, subdivision approval, building permit or any other kind of land use approval is required to be brought into conformance with this chapter before issuance of a certificate of occupancy, final inspection or final plat recordation, when applicable. For other permits, the applicant shall have a maximum of thirty (30) days from date of permit issuance to bring the lighting into conformance.
      2.   All other existing exterior lighting on property used for commercial, institutional, or any other public and semipublic use that is not in conformance with this chapter shall be brought into conformance with this chapter within eighteen (18) months from the date of adoption of this chapter.
      3.   The city shall perform an audit of all public outdoor lighting in the city, as recommended. These audits will identify all lighting that does not conform to the standards of this chapter. The results of these audits will be made available to the public.
   C.   Interpretation:
      1.   Greater Restrictions Prevail: In their interpretation and application the provisions of this chapter shall be considered as minimum requirements. Where the provisions of this chapter impose greater restrictions than any statute, other regulation, ordinance or covenant, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provision of this chapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.
      2.   Definitions: Whenever any word or phrase used in this chapter is not defined herein, but is defined in related sections of the Utah code or in this code, such definition is incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention. Unless a contrary intention clearly appears, words used in the present tense include the future, the singular includes the plural, the term "shall" is always mandatory and the term "may" is permissive.
      3.   Severability Of Parts: The various sections, subsections, sentences, phrases and clauses of this chapter are hereby declared to be severable. If any such part of this chapter is declared to be invalid by a court of competent jurisdiction or is amended or deleted by the city council, all remaining parts shall remain valid and in force. (Ord. 2017.02, 4-13-2017; amd. Ord. 2020.06, 2-13-2020)
Loading...