Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-27
). The text of the amendment will be incorporated below when the ordinance is codified.
A. Title: This section, together with the amendments thereto, shall be known and may be cited as the WHITEFISH OUTDOOR LIGHTING STANDARDS.
B. Purpose: The general purpose of the lighting standards 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 section establishes standards for exterior lighting in order to accomplish the following:
1. To provide safe roadways for motorists, cyclists and pedestrians;
2. To protect against direct glare and excessive lighting;
3. To ensure that sufficient lighting can be provided where needed to promote safety and security;
4. To prevent light trespass in all areas of the City;
5. To protect and reclaim the ability to view the night sky;
6. To allow for flexibility in the style of lighting fixtures;
7. To provide lighting guidelines;
8. To reduce the costs of lighting by developing more efficient lighting options;
9. To educate the public as to the benefits of efficient and appropriate outdoor lighting;
10. To provide assistance to property owners, occupants and business owners in bringing nonconforming lighting into conformance with this section;
11. To work with other jurisdictions within Flathead County to meet the purposes of this section; and
12. To conserve energy and resources.
C. Applicability: All residential, commercial, industrial and other lighting, whether on public or private property, within the zoning jurisdiction of the city of Whitefish shall conform with these standards and specifications.
D. General Standards:
1. Exterior Lighting: All exterior lighting shall be designed, located and lamped in order to prevent:
a. Over lighting;
b. Energy waste;
c. Glare;
d. Light trespass; and
e. Skyglow.
2. Nonessential Exterior Lighting: All nonessential exterior commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use. Lights on a timer are encouraged. Sensor activated lights are encouraged to replace existing lighting that is desired for security purposes.
3. Canopy Lights: Canopy lights, such as service station lighting shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights of way or adjacent properties. Any canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy.
4. Area Lights: All area lights shall be eighty five degree (85°) full cutoff type luminaries (see figure 1 in subsection H of this section).
5. Roof Illumination: Roof illumination, such as lights shining upward toward roofs or on rooftops, is not allowed.
6. Mercury Vapor Lights: Mercury vapor lights are prohibited because of the poor color spectrum, light intensity and inefficient energy use.
7. Electric Company Standards: Flathead Electric Cooperative, Inc., lighting shall be in conformance with the regulations herein. Flathead Electric Cooperative, Inc., shall not install any luminaires after the effective date of this section that light the public right of way without first receiving approval for any such application by the zoning administrator.
E. Type Of Luminaires: All exterior lighting shall use full cutoff luminaires with the light source downcast and fully shielded, with the following exceptions:
1. Output: Light fixtures (wall mounted or freestanding) that do not exceed the following lumen or wattage outputs per fixture are permitted and are not required to be full cutoff:
Maximum Total Output Per Fixture (Regardless Of The Number Of Bulbs) | Shield Type Required | Lens Required | Other Requirements |
45 watt bulb or a total of 45 watts for all bulbs in the fixture (equals 400 lumens) | May be unshielded | Can be clear | Top must be opaque, or the fixture must be under an opaque structure |
60 watt bulb or a total of 60 watts for all bulbs in the fixture (equals 1,000 lumens) | Partially shielded | Must be opaque | Bulb cannot be visible. Top must be opaque, or the fixture must be under an opaque structure |
2. Floodlights: Floodlights with external shielding shall be angled provided that no light is directed above a twenty five degree (25°) angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights of way (see figure 6 in subsection H of this section). Photocells with timers that allow a floodlight to go on at dusk and off by eleven o'clock (11:00) P.M., or one-half (1/2) hour after the close of business, are recommended.
3. Holiday Lighting: Holiday lighting is covered in subsection 11-5-4A12 of this title, a portion of the Whitefish sign regulations. Flashing holiday lights on residential properties are discouraged. Holiday lights are encouraged to be turned off by eleven o'clock (11:00) P.M., or the close of business for commercial properties.
4. Sensor Activated: Sensor activated luminaires are encouraged to be full cutoff. They may be less than full cutoff, provided:
a. It is located in such a manner as to prevent glare and lighting onto properties of others or into a public right of way;
b. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased; and
c. The luminaire shall not be triggered by activity off the property.
5. Emergency Lighting: Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services.
6. Flags: Flags are encouraged to be unlit. If flags are up lighted, the maximum lumen output shall be one thousand three hundred (1,300) lumens.
7. Tower Lighting: Lighting of radio, communication and navigation towers; provided the owner or occupant demonstrates that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this section and that the provisions of section 11-3-24 of this chapter are otherwise met.
8. Neon Lights: Neon lights permitted pursuant to the sign ordinance, chapter 5 of this title.
9. Playing Fields: Luminaires used for playing fields shall be exempt from the height restriction provided all other provisions of this section are met and the light is used only while the field is in use.
10. Single Pole Light Fixtures: Single pole light fixtures of a historic style with a maximum watt output of no greater than fifty (50) watts permitted to be partially shielded, so long as the top of the fixture is shielded, and the bulb is not visible for more than one and one-half inches (11/2") when viewed from pedestrian level.
F. Placement And Height Of Luminaires:
1. Parking Area Lights: Parking area lights are encouraged to be greater in number, lower in height and lower in light level, as opposed to fewer in number, higher in height and higher in light level:
a. Parking area luminaires up to seventeen feet (17') in height are permitted subject to all other regulations in this section.
b. Parking area luminaires between seventeen feet (17') and thirty feet (30') in height may be permitted, subject to the submittal of an illumination plan showing location, intensity and light trespass from all proposed fixtures. This illumination plan must be approved by the city before lighting may be installed.
c. Parking area luminaires shall not exceed the height of the building.
2. Residential Freestanding Luminaires:
a. Freestanding luminaires located in the front yard may contain a pole lamp at any distance from the city right of way, so long as:
(1) The purpose of the freestanding luminaire is to light the street and/or to guide visitors to the residential property from the street;
(2) The luminaire does not exceed eight feet (8') in height; and
(3) The luminaire is properly shielded (see subsection E of this section and section 11-9-2, "Definitions", of this title).
b. Freestanding luminaires located in the side or rear yards shall be set back from the property line the height of the pole.
3. Streetlights On Arterials: Streetlights used on arterial roads may exceed twenty feet (20') in height, with the recommendation by the city council, and only with a finding that exceeding twenty feet (20') is necessary to protect the safety of the residents of Whitefish.
G. Illuminance Levels:
1. Illuminance levels for parking lots, sidewalks, and other walkways affected by side mounted building lights, and freestanding sidewalk lights (not streetlights) shall not exceed illuminance levels listed in the most current IESNA recommended practices, which is maintained by the planning and building department. The city of Whitefish recognizes that not every such area will require lighting.
2. All existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting.
3. Streetlights shall be high pressure sodium, unless otherwise determined by the city that another type is more efficient. Streetlights along residential streets shall be limited to a fifty (50) watt high pressure sodium (hps) light. Streetlights at intersections shall be limited to two (2) 50-watt hps lights.
H. Tables And Information Sheets: The figures and information sheets, identified as figures 1–6 and table 1 of this subsection, shall be incorporated into this section as guidelines for the public and the city for use in enforcing this section. The city does not endorse or discriminate against any manufacturer or company that may be shown, portrayed or mentioned by the following examples:
TABLE 1
INITIAL RATED LIGHT OUTPUT OF VARIOUS LAMPS
(Information From Sylvania #PL-150, General Electric
#9200 And Phillips #SG-100 Large Lamp Catalogs)
Lamp Type | Lamp Wattage | Initial Lumen Output |
Lamp Type | Lamp Wattage | Initial Lumen Output |
Incandescent lamp (frosted) (Syl.) | 25 | 235 |
Incandescent lamp (frosted) (Syl.) | 40 | 375 |
Incandescent lamp (frosted) (Syl.) | 60 | 890 |
Incandescent lamp (frosted) (Syl.) | 100 | 1,690 |
Incandescent lamp (frosted) (Syl.) | 150 | 2,850 |
Incandescent flood or spot (GE) | 75 | 765 |
Incandescent flood or spot (GE) | 120 | 1,500 |
Incandescent flood or spot (GE) | 150 | 2,000 |
Quartz halogen lamp (frosted) (Syl.) | 42 | 665 |
Quartz halogen lamp (frosted) (Syl.) | 52 | 885 |
Quartz halogen lamp (frosted) (Syl.) | 72 | 1,300 |
Quartz halogen lamp (frosted) (Syl.) | 300 | 6,000 |
Quartz halogen lamp (frosted) (Syl.) | 500 | 10,500 |
Quartz halogen lamp (frosted) (Syl.) | 1,000 | 21,000 |
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type) | 20 | 260 |
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type) | 42 | 630 |
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type) | 50 | 895 |
Quartz halogen mini flood or spot (GE) (12 volt MR-16 type) | 75 | 1,300 |
Fluorescent lamp (Phillips) | 7 | 400 |
Fluorescent lamp (Phillips) | 9 | 600 |
Fluorescent lamp (Phillips) | 13 | 900 |
Fluorescent lamp (Phillips) | 22 | 1,200 |
Fluorescent lamp (Phillips) | 28 | 1,600 |
Fluorescent lamp (GE cool white) | 40 | 3,150 |
Low pressure sodium lamp (Phillips) | 18 | 1,800 |
Low pressure sodium lamp (Phillips) | 35 | 4,800 |
Low pressure sodium lamp (Phillips) | 55 | 8,000 |
Low pressure sodium lamp (Phillips) | 90 | 13,500 |
Low pressure sodium lamp (Phillips) | 135 | 22,500 |
Low pressure sodium lamp (Phillips) | 180 | 33,000 |
High pressure sodium lamp (diffuse) (GE) | 35 | 2,250 |
High pressure sodium lamp (diffuse) (GE) | 50 | 4,000 |
High pressure sodium lamp (diffuse) (GE) | 70 | 6,400 |
High pressure sodium lamp (diffuse) (GE) | 100 | 9,500 |
High pressure sodium lamp (diffuse) (GE) | 150 | 16,000 |
High pressure sodium lamp (diffuse) (GE) | 250 | 27,500 |
High pressure sodium lamp (diffuse) (GE) | 400 | 50,000 |
Mercury vapor lamp (white deluxe) (Syl.) | 100 | 4,500 |
Mercury vapor lamp (white deluxe) (Syl.) | 175 | 8,500 |
Mercury vapor lamp (white deluxe) (Syl.) | 250 | 11,100 |
Mercury vapor lamp (white deluxe) (Syl.) | 400 | 20,100 |
Metal halide lamp (coated) (GE) | 32 | 2,500 |
Metal halide lamp (coated) (Venture) | 50 | 3,400 |
Metal halide lamp (coated) (GE) | 100 | 9,000 |
Metal halide lamp (coated) (GE) | 175 | 15,750 |
Metal halide lamp (coated) (GE) | 250 | 20,500 |
Metal halide lamp (coated) (GE) | 400 | 36,000 |
I. Procedure:
1. All new developments shall submit lighting plans to the zoning administrator for review and approval. Such plans shall include location, type, height, lumen output, and illuminance levels in order to verify that lighting conforms to the provisions of this section. The zoning administrator may waive the requirement for illuminance level information only, if the zoning administrator finds that the illuminance levels conform to this section. For all other exterior lights which must conform to the requirements of this section, the submittal shall be made to the zoning administrator, showing location, type, height, lumen output and illuminance levels.
2. The zoning administrator shall issue a decision whether the exterior lighting complies with the standards of this section.
J. Existing Lighting: All existing exterior lighting installed before the effective date of this section shall be brought into conformance with this section within the following time periods:
1. All existing exterior lighting located on a subject property that is part of a pending application for design review approval, a planned unit development, a conditional use permit, subdivision approval, or a building permit is required to be brought into conformance with this section 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, unless extended in writing by the zoning administrator.
2. All existing exterior lighting on property used for commercial purposes that is not in conformance with this section shall be brought into conformance with this section. If an existing pole is thirty feet (30') or less, the pole does not need to be changed; only the light fixture needs to be changed. Nonconforming lights and poles exceeding thirty feet (30') shall be brought into conformance within thirty six (36) months from the date of adoption of this section, by August 17, 2009. However, business owners shall have an opportunity to petition the Whitefish city council for two (2) 1-year extensions by a showing of good cause presented and approved by the city, with appropriate notice to adjacent property owners.
3. All existing exterior lighting on property used for residential, institutional, public and semipublic uses, not affected by subsection J1 of this section, that does not comply with this section is required to be brought into conformance with this section within thirty six (36) months from the date of adoption of this section, by August 17, 2009, except as provided herein.
4. All existing exterior lighting maintained by Flathead Electric Cooperative, Inc., subject to the "Flathead electric municipal lighting district contract", shall be brought into conformance with this section within thirty six (36) months from the date of adoption of this section, by August 17, 2009.
K. Violations And Legal Actions: If the zoning administrator finds any provision of this section is being violated, the zoning administrator shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, requiring that the violation be abated within ninety (90) days of the date of hand delivery or of the date of mailing of the notice. The code enforcement officer shall be available to assist in working to correct said violation. If the violation is not abated within the ninety (90) day period, the zoning administrator may institute actions and proceedings, including legal, equitable or criminal, to enjoin, restrain, abate or prosecute any violations of this section.
L. Appeals: Any person may make a written appeal from any ruling or order made by the zoning administrator to the board of adjustments pursuant to section 11-7-6 of this title. (Ord. 06-16, 7-17-2006)