(A) Applicability. All zoning lots in all existing zoning districts and in all zoning districts that may be created after the effective date of this chapter shall comply with the provisions of this chapter unless specifically exempted herein.
(B) Conformance.
(1) Compliance for all non-conforming uses. Any existing luminaire installation used for outdoor lighting in any zoning district that does not presently comply with the requirements of this chapter will be considered a legal nonconforming use. Except as set forth in division (B)(2), such non-conforming uses must comply with the current requirements or must be removed if any of the following occur:
(a) The height or location of the luminaire is changed;
(b) The luminaire is changed or replaced (excluding routine maintenance and bulb replacement of equal light output) except if it is part of a parking lot lighting installation consisting of an array of three or more identical luminaires and poles or supporting structures;
(c) The supporting structure for the luminaire is changed or replaced except if it is part of a parking-lot lighting installation consisting of an array of three or more identical luminaires and poles or supporting structures; or
(d) The luminaire is producing glare that is deemed to create a hazard or nuisance by the town.
(2) Criteria requiring full compliance or complete removal. In the event that a cumulative total of 50% or more of the non-conforming luminaires or their supporting structures are changed, replaced (excluding routine maintenance and bulb replacement of equal light output), or relocated, then all of the luminaire installations must be removed or comply with the current requirements of this chapter.
(C) Illumination standards.
(1) Gross emission of light. The total light output from all luminaires used for outdoor lighting on any zoning lot in a commercial lighting zone shall not exceed 100,000 lumens per net acre. Lighting installations located under canopies shall only contribute 50% toward this limit. This section shall not apply to street lighting, outdoor display lots, lighting installations for non-internally illuminated signage not exceeding 800 lumens, and outdoor lighting of playing fields on public property.
(2) Light intensity and uniformity.
(a) Commercial and industrial lighting zones. During permitted hours of operation as defined within this chapter, outdoor lighting on any zoning lot in a commercial or industrial lighting zone shall comply with the following requirements for light level as measured in the plane of the illuminated surface:
Illuminated Surface
|
Minimum Light Level
|
Maximum Light Level
|
Illuminated Surface
|
Minimum Light Level
|
Maximum Light Level
|
Non-internally - illuminated signs, building, and ground - (light color) | - - | 5.0 footcandles |
Non-internally - illuminated signs, building, and ground - (medium color) | - - | 10.0 footcandles |
Non-internally - illuminated signs, building, and ground - (dark color) | - - | 15.0 footcandles |
Auto dealerships: Front row and feature displays Other merchandise areas | - - - - | 20.0 footcandles 10.0 footcandles |
Public parking areas* | - - | 5.0 footcandles |
Vehicular entrances from right-of-way* | 0.2 footcandles | 4.5 footcandles |
Baseball/softball playing fields-infield Baseball/softball playing fields-outfield All other fields or tennis courts | - - - - - - | 60.0 footcandles 30.0 footcandles 30.0 footcandles |
Automobile service station - pumping area | 10.0 footcandles | 30.0 footcandles |
Drive-in/drive-through canopies | - - | 15.0 footcandles |
Building entrance and exit* | 1.0 footcandles | 5.0 footcandles |
Stairways and steps* | 1.0 footcandles | 5.0 footcandles |
*Maximum to minimum light level ratio shall not exceed 15:1. | ||
(b) Outdoor dynamic display (digital signage). The luminance for any outdoor dynamic display (digital signage) shall not exceed 5000 Nits during daylight hours or 150 Nits at all other times. Brightness must be measured from the brightest element of the sign's face. The applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set so that it will not exceed the luminance levels for day and night.
(3) Light direction and control.
(a) Residential, commercial, and industrial lighting zones. Any luminaire which is used for uplighting on any zoning lot in a residential, commercial, or industrial lighting zone shall have the necessary shielding and/or beam-angle control and/or shall be aimed to substantially confine the directed light to the object intending to be illuminated. Uplighting shall only be permitted for landscape lighting, flag lighting, and lighting of ground-mounted signs that are not internally illuminated. Uplighting applications shall meet the following requirements:
Uplighting Application
|
Maximum Inclination
|
Maximum Light Output
|
Landscape lighting | 60° | 1100 lumens3 (up to 45°) 800 lumens4 (up tp 60°) |
Flag lighting1 | 60° | 1100 lumens3 (up to 45°) 800 lumens4 (up to 60°) |
Sign lighting2 | 45° | 1100 lumens3 |
1The tradition of lowering flags at sunset is encouraged to avoid the need for lighting. 2Ground-mounted, non-internally-illuminated signs only. 3Typical 75W incandescent bulb or 50W low-voltage halogen landscape bulb. 4Typical 60W incandescent bulb or 35W low-voltage halogen landscape bulb. | ||
(b) Residential lighting zones. Any luminaire with a light output exceeding 1100 lumens or 75 watts, which is used for outdoor lighting on any zoning lot in a residential lighting zone shall have the necessary shielding and/or beam-angle control and/or shall be aimed so that the direction of all directly emitted light is at or below horizontal. If a motion-activated sensor that illuminates for no more than five minutes upon activation is used, then such luminaire may have a light output of up to 2200 lumens or 150 watts. Any luminaire with a light output exceeding 2200 lumens or 150 watts, which is used for outdoor lighting on any zoning lot in a residential lighting zone shall have the necessary shielding and/or beam-angle control and/or shall be aimed so that the light source is not visible along any property line, as viewed at a height of 60 inches above grade.
(c) Commercial or industrial lighting zones. Except as otherwise stated herein, any luminaire on any zoning lot in a commercial or industrial lighting zone which emits light directed at a building or outdoor feature shall be located at or above the top of the object and aimed and controlled so that the direction of all emitted light is at or below horizontal and the directed light is angled downward substantially confined to the object intending to be illuminated (example: flag, statue, and related).
(4) Light trespass.
(a) Except for street lighting, light emitted from outdoor lighting on any zoning lot shall not cause the light level along any property line, as measured at a height of 60 inches above grade in a plane at any angle of inclination, to exceed the following limits:
Emitting Zoning Lot
|
Impacted Zoning Lot
|
Maximum Light Level
|
Residential Lighting Zone | Residential Lighting Zone | 0.0 footcandles |
Residential Lighting Zone | Commercial/Industrial Lighting Zone | 0.5 footcandles |
Commercial/Industrial Lighting Zone | Residential Lighting Zone | 0.0 footcandles |
Commercial/Industrial Lighting Zone | Commercial/Industrial Lighting Zone | 0.5 footcandles |
Public Lighting Zone | Commercial Lighting Zone | 0.5 footcandles |
Public Lighting Zone | Residential Lighting Zone | 0.0 footcandles |
(b) Any property used for governmental purposes shall be exempt from the requirements of this section.
(5) Permitted hours for outdoor lighting.
(a) Commercial and industrial lighting zone. Except for street lighting, outdoor lighting (including, but not limited to, parking lot, area, architectural, landscape, and related) on any zoning lot in a commercial or industrial lighting zone is permitted to be lighted between one-half hour before sunset and 10:00 p.m. (CST) or one hour after the close of business based on normal hours of operation of the business, whichever is later. Thereafter, for safety and security purposes, security lighting is permissible at a total light output not greater than 25% of the total light output from all outdoor lighting located on the zoning lot during permitted outdoor lighting hours. During security lighting hours, no luminaire may exceed its light output exhibited during permitted outdoor lighting hours.
(b) Property used for governmental and public purposes. Any zoning lot in any zoning district used for governmental or public purposes, except for street lighting, shall comply with the permitted hours and security lighting limitations for commercial lighting zones. In addition, outdoor lighting of the playing field of an organized sporting event on public property that is in progress at the close of permitted outdoor lighting hours shall be allowed to remain illuminated until 30 minutes after the conclusion of the event but no later than 11:00 p.m. (CST) No outdoor lighting of the playing field for any sport or recreational purpose shall be initiated after 9:00 p.m. (CST).
(D) Luminaire standards.
(1) Full-cutoff requirement.
(a) Commercial and industrial lighting zones. Except for uplighting applications permitted within this chapter, any luminaire used for outdoor lighting in a commercial or industrial lighting zone shall be a full-cutoff luminaire and shall be installed in the proper orientation to achieve full-cutoff performance with respect to a horizontal plane.
(b) Street lighting. Any luminaire used for street lighting shall be a full-cutoff 100 watt high pressure sodium (HPS) luminaire and shall be installed in the proper orientation to achieve full-cutoff performance with respect to a horizontal plane at intersections only. The luminaire, as well as any poles, brackets, supports, and mounting hardware shall comply with current town standards set forth in the Town Design Standard Manual.
(2) Installed height. The installed height of any luminaire used for outdoor lighting on any zoning lot, except for street lighting, shall not exceed 25 feet, including the luminaire.
(E) Prohibited outdoor lighting. The following outdoor lighting applications are prohibited in all zoning districts:
(1) The use of a laser light source;
(2) The use of flickering, flashing, blinking, scrolling, or rotating lights and any illumination that changes intensity;
(3) The use of upward directed lighting, except as otherwise permitted herein;
(4) Architectural lighting of any portion of a building or structure with a polished or glass exterior surface that uses uplighting;
(5) The use of searchlights;
(6) The use of neon light to accent buildings or architectural features;
(7) The use of mercury vapor light source except for existing light sources used in open space zoning districts; and
(8) Any luminaire creating glare that is deemed by the town to create a hazard or nuisance.
(F) Exempt outdoor lighting. The following outdoor lighting applications are exempt from all requirements of this chapter:
(1) Underwater lighting used for illumination of swimming pools and fountains;
(2) Lighting required by county, state, or federal law;
(3) Temporary lighting used for holiday decorations;
(4) Decorative yard lighting characterized like a flame source;
(5) Portable lighting temporarily used for maintenance or repair that is not deemed by the town or state to create a hazard or nuisance;
(6) Emergency lighting used by police, firefighting, emergency management, or medical personnel at their discretion as long as the emergency exists;
(7) Lighting approved by the town for temporary events such as carnivals, circuses, festivals, picnics, fairs, civic events, and exhibitions; and
(8) Temporary lighting required for road construction or other public improvements.
(G) Procedural requirements.
(1) Plan submission. For subdivision and land-development applications where outdoor lighting is required or proposed, lighting plans shall be submitted to the Plan Commission for review and approval at a public meeting and shall include:
(a) A site plan complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and all adjacent uses. The site plan shall show, by location, and identify each existing and proposed luminaire and shall specify its installed height, pole foundation details, and mounting methods;
(b) Iso-footcandle plots for individual lighting installations, or 10' x 10' illuminance-grid plots for multi-fixture lighting installations, which demonstrate compliance with all applicable requirements as set forth in this chapter. The plots shall indicate the location of each existing and proposed luminaire, the installed height of said luminaires, and the overall light levels in foot candles on the entire zoning lot and at the property lines;
(c) A summary table identifying the maximum and minimum light levels for all parking areas, entryways, signs, and walkways; and
(d) A description of each luminaire identified in the site plan including the manufacturer, model number, a photograph or catalog cut, photometric data verifying any compliance requirements specified within this chapter, light output in initial lumens, shielding or glare reductions devices, lamp type, and on/off control devices.
(2) Post - approval alterations. Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Plan Commission for review with all plan submission requirements set forth within this chapter, prior to installation. Any Plan Commission approval under this section shall be by a "waiver" as provided in division (H).
(3) Right of inspection. The town shall have the right to conduct a post-installation inspection to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at the expense of the applicant and/or owner for non-conformance with the approved plan.
(H) Waivers.
(1) Application. Request for a waiver from the requirements of this chapter may be initiated by written application to the Plan Commission under the same rules and filing deadlines as a request for a variance, with the request specifically denoting what provisions of this chapter relief is being sought.
(2) Application review and approval. The application for waiver will be considered and approved by the Plan Commission upon the payment of the waiver from subdivision design standards fee set forth under Town Code § 150.26. The Plan Commission may grant waivers of the requirements of this chapter in cases where the standards set forth under Town Code § 155.132 pertaining to waivers from the subdivision control standards are met. The Plan Commission may impose conditions, including request for written commitments when approving a waiver request.
(I) Enforcement. Winfield Town Inspectors and such persons who are duly appointment as Code Enforcement Officials are hereby authorized to inspect luminaires and lighting installations in the zoning districts subject to this chapter to determine compliance with the applicable provisions and, if necessary, to issue notices of violation to the owner, operator or other person(s) or entity responsible for maintenance of the luminaire or lighting installation, if the luminaire or lighting installation fails to comply with the provision of this chapter.
(J) Definitions. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCHITECTURAL LIGHTING. Outdoor lighting directed at buildings, facades, structures, monuments, and other architectural features.
COMMERCIAL LIGHTING ZONE. Any zoning lot in any zoning district that does not have as its primary use a single-family residential dwelling, a two-family residential dwelling, land used for agriculture, or land used for industrial purposes.
CST. Central Standard Time, including the local change in time for daylight savings time.
FOOTCANDLE. A unit of measurement of luminous flux.
FULL-CUTOFF. Light distribution from a luminaire (excluding not more than 0.5% incidental uplight from poles, mounting brackets, and other supporting structures), as determined by photometric test and certified by the manufacturer, such that no light is emitted at or above an angle of 90° above nadir in any direction and the luminous flux emitted in the band between 80° and 90° above nadir in all directions is no more than 10% of the total luminous flux for the luminaire.
GLARE. A visual disturbance produced by a distinct light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted.
HID LIGHTING. A high-intensity discharge family of lighting that includes high-pressure sodium, fluorescent, mercury vapor, and metal halide type bulbs.
ILLUMINANCE. The amount of luminous flux falling onto a unit of surface area, correlating to the perception of brightness by the human eye. Illuminance is typically measured in lumens per square foot (footcandles) or lumens per square meter (lux).
INDUSTRIAL LIGHTING ZONE. A lighting area on any zoning lot in an Industrial zoning district that is used typically relating to, concerning or arising from the manufacturing, assembling, fabrication, finishing, packaging, or processing of goods.
INSTALLED HEIGHT. The height above grade of the lowest point on an installed luminaire.
INTERNALLY ILLUMINATED SIGN. A sign illuminated by a light source internal to the sign enclosure which is not directly visible externally, including neon-light signs.
LAMP. The source of light being emitted from a luminaire, such as a bulb.
LANDSCAPE LIGHTING. Outdoor lighting directed at trees, shrubs, plants, flower beds, fountains, gardens, and other natural or landscaped features.
LIGHT. Electromagnetic radiation within a range of wavelengths sufficient for visual perception by the normal unaided human eye.
LIGHT LEVEL. The illuminance as measured in accordance with the practices contained in the Illumination Engineering Society of North America Lighting Handbook, Eight Edition.
LIGHT OUTPUT. The initial lumen rating declared by the manufacturer, which consists of the lumen rating of a lamp at the end of 100 hours of operation.
LIGHTING INSTALLATION. An arrangement of one or more luminaires including any mounting hardware, brackets, and supporting structures.
LUMEN. A unit of measure of luminous flux. "Lumens" denotes initial lumens for HID lighting applications.
LUMINAIRE. An individual lighting assembly including the lamp and any housings, reflectors, globes, lenses, shields or other components designed to block or distribute light, but does not include internally illuminated signs.
LUMINANCE. A measure of the brightness of a surface which is emitting light. The unit of measurement most commonly used is candelas per square meter, often referred to as nits in the USA (1 nit = 1 cd/m2). The nocturnal appearance and environmental effect of objects such as internally lit signs may be analyzed both by total light output (lumens) and by their surface brightness (nits).
LUMINOUS FLUX. The power emitted from a source of electromagnetic radiation, such as a light bulb, in the form of visible light. Luminous flux is measured in lumens (or lux) and is typically specified by the manufacturer for a given lamp or luminaire. Typical luminous flux values for incandescent bulbs are 100W: 1550 lumens, 75W: 1080 lumens, 60W: 780 lumens, and 40W: 450 lumens.
MOTION-ACTIVATED SENSOR. A sensor which causes a luminaire to become illuminated automatically upon the presence of motion or infrared radiation or a combination thereof within its field of view.
NADIR. The direction pointing directly downward from the light source of the luminaire that originates from a horizontal plane at the lowest point on the luminaire.
NEON LIGHT. Brightly colored light generated by using electric current to excite a gas or gas mixture (including neon, argon, helium, and other gases) typically contained in a tube which can be bent into various forms or use as decoration or signs. Fluorescent tubes are not considered a neon light.
NIT(s). A unit of measure of luminance.
ORGANIZED SPORTING EVENT. A prearranged sports or recreational event involving at least one group or team with a published roster and schedule.
OUTDOOR DISPLAY LOT. An outdoor area whose primary function is the sale of displayed merchandise, often requiring accurate color perception by customers.
OUTDOOR LIGHTING. Light generated from an indoor or outdoor source that provides illumination to a surface, building, sign, structure, device, or other outdoor feature which is visible to an observer located outdoors. Outdoor lighting does not include the light source inside an internally illuminated sign.
PLAYING FIELD. An open outdoor field or court used for playing sports such as baseball, soccer, football, tennis, skate park, volleyball, and basketball.
PUBLIC PARKING AREAS. A drivable surface intended for use by the general public for parking motorized vehicles.
RESIDENTIAL LIGHTING ZONE. Any zoning lot in a residential or agricultural zoning district that has as its primary use a single-family residential dwelling or a two-family residential dwelling.
SEARCHLIGHT. A lighting installation designed to project a high-intensity beam of approximately parallel rays of light that is typically used to sweep the sky for promotional purposes.
SHIELDING. A luminaire which uses shielding, lenses, or other means to provide distinct directional focused beam of emitted light.
STREET LIGHTING. One or more luminaires or light installations designed to illuminate a public roadway or intersection.
UPLIGHTING. Lighting applications which direct light above a horizontal plane.
(Ord. 219, passed 7-23-2013; Am. Ord. 219-A, passed 3-25-2014; Am. Ord. 350, passed 4-25-2023)