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HomeMy WebLinkAboutOrdinance 88.25 Amending Ordinance 84.04 and adding the outdoor lighting code to the land development code ORDINANCE NO. 88.25 AN ORDINANCE AMENDING TOWN ORDINANCE 84.04; AND ADDING TO THE TOWN DEVELOPMENT CODE A MEW TITLE ENTITLED "OUTDOOR LIGHTING CODE" WHEREAS the Town of Marana did enact that certain Ordinance 84.04 on the 14th day of May, 1984 more commonly known as the "Town Development Code"; and WHEREAS the Town of Marana does now wish to amend said Ordinance and Code by adding Title 18 thereto providing for an Outdoor Lighting Code; and WHEREAS the Town Council of the Town of Marana, Arizona did, on the 18 day of October, 1988 adopt an Outdoor Lighting Code for the Town of Marana; and WHEREAS the Town Council of the Town of Marana, Arizona has determined that it is necessary for the efficient administration of the Town in its development and for the public good and benefit to have regulations relating to outdoor lighting. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWNOFMARANA, that the Outdoor Lighting Code for the Town of Marana, as approved by the Marana Town Council on the 18th day of October, 1988, shall become a part of and be added to the Town's Development Code as Title 18, as numbered in said Outdoor Lighting Code. Section 3. This Ordinance and the various Sections hereof are hereby declared to be severable. Should any Section or regulation of this Ordinance be declared by a Court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any portion thereof other than the Section or regulation so declared to be unconstitutional or invalid. PASSEDAND ADOPTED by the Town Council of the Town of Marana, Arizona this 1st day of November, 1988. ATTEST: MAYOR APPROVED AS TO FORM: REVIEWED BY: ~DT OWN ATTORNF~/ DATE PUBLISHED: WHERE PUBLISHED: OUTDOOR LIGHTING CODE TOWN OF MARANA TITLE 18 ARTICLE 18-100. GENERAL. Section 18-101. purp~se and Intent. The purpose of this Code is to create standards for outdoor lighting so that its use does not unreasonably interfere with the reasonable use and enjoyment of property within the jurisdiction and with astronomical observations. It is the intent of this Cope to encourage, through regulation of the types, kinds, construction, installation and uses of outdoor electrically powered illuminating devices, lighting practices and systems which will conserve energy while increasing nighttime safety, utility, security and productivity. Section 18-102. Conformance ~ith Applicable Codes. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this Code, the Development Code, the Building Code, the Electrical Code and the Sign Code of the Town of Marana and under appropriate permit and inspection. Section 18-103. Approved Materials and Methods of Construction or Installation/Operation. The provisions of this Code are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed by this Code, provided any such alternate has been approved. The building official may approve any such proposed alternate provided he finds that it: (a) provides at least approximate equivalence to the applicable specific requirements of this Code; and (b) is otherwise satisfactory and complies with the intent of this Code; or (c) has been designed or approved by a registered professional engineer and content and function promotes the intent of this Code. ARTICLE 18-200. Definitions of words and phrases as used in this Code, unless the context clearly indicates otherwise, shall mean the following: ~ Section 18-201. "Person" means any individual, tenant, occupant, owner, or any entity including but not limited to firm, business, partnership, joint venture, or corporation. Section 18-202. "Installed" means the attachment, or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture. Section 18-203. "Outdoor light fixtures" means outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and flood lights for: (a) buildings and structures (b) recreational areas (c) parking lot lighting (d) landscape lighting (e) billboards and other signs (advertising or other) (f) street lighting (g) product display area lighting (h) building overhangs and open canopies Section 18-204. Area A means the circular area, 35 miles in radius, the center of which is the center of the Kitt Peak Observatory and the circular area, 25 miles in radius, the center of which is the center of Mount Hopkins Observatory. Section 18-205. Area B means all areas within the territorial limits of the Town of Marana and outside Area A. ARTICLE 18-300. REQUIREMENTS. Section 18-301. Shieldinq. All non-exempt outdoor lighting fixtures shall have shielding as required by the table set forth in this Section. "fully shielded" shall mean outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angels above the horizontal plane, as certified by photometric test report. "Partially shielded" shall mean outdoor light fixtures shielded or constructed so that no more than ten percent (10%) of the light rays are emitted by the installed fixture at angles above the horizontal plane as certified by photometric test report. TABLE 5 SHIELDING REQUIREMENTS AREA A AREAB FIXTURE LAMP TYPE SHIELDED SHIELDED Low Pressure Sodium1 Partially Partially High Pressure Sodium Prohibited except Fully fully shielded on arterial streets and collector streets of 100' or more in right-of-way width Incandescent 160W or Less Prohibited Fully2,6 Fully3,5 Fully3,5 Prohibited Fully Fully Fully None None None None None None AS APPROVED BY BUILDING OFFICIAL Metal Halide Fluorescent Quartz4 Incandescent Greater than 160W Any light source of SOW or less Glass Tubes filled with Neon, Argon, Krypton Other Sources ================================================================ FOOTNOTES 1. This is the preferred light source to mlnlmize undesirable light emission into the night sky affecting astronomical observations. 2. Metal halide lighting used primarily for display purposes shall not be used for security lighting after 11:00 p.m. Metal halide lamps shall be installed only in enclosed luminaries. 3. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. Unless conforming to the above dark background preference, total lamp wattage per property shall be less than 41 Watts in Area A. 4. For the purposes of this Code, quartz lamps shall not be considered an incandescent light source. 5. Warm White and Natural Lamps are preferred to minimize detrimental effects. 6. For filtering requirements for metal halide fixture lamp types see Section 18-302. ===========================================================~==== Section 18-302. Filtration. Metal halide fixture lamp types shall be filtered. "Filtered" means any outdoor light fixture which has a glass, acrylic or translucent enclosure of the light source (quartz glass does not meet this requirement). ARTICLE 18-400. OUTDOOR ADVERTISING SIGNS. Section 18-401. Top Mounted Fixtures Required. Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of Section 18-301 and the time controls of Section 18-606. Section 18-402. Prohibitions. See Section 18-606 for prohibitions. <<,.,.~.",."'"'~",."'~ ARTICLE 18-500. SUBMISSION OF PLANS AND EVIDENCE OF COMPLIANCE WITH CODE; SUBDIVISIONPLATS AND SPECIFIC PLANS. Section 18-501. Submission Contents. The applicant for any permit required by any provision of the laws of this jurisdiction in connection with proposed work involving outdoor light fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this Code. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit: (a) plans indicating the location on the premises, and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devices; (b) description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); (c) photometric data, such as that furnished by manufacturers, or similar, showing the angle of cut off of light emissions. Section 18-502. Additional Submission. The above- required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily determine . whether compliance with the requirements of this Code will be secured. If such plans, descriptions and data cannot enable this ready determination, by reasons of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory. Section 18-503. Subdivision Plat Certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the Marana Outdoor Lighting Code will be adhered to. Section 18-504. Specific Plan Approval. If any proposed specific plan proposes to have installed street or other common or public area outdoor lighting, the specific plan presented to the Town shall contain a statement certifying that the applicable provisions of the Marana Outdoor Lighting Code will be adhered to. Section 18-505. La~ or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the building official for his approval, together with adequate information to assure compliance with this Code, which must be received prior to substitution. ARTICLE 18-600. PROHIBITIONS. Section 18-601. Mercury Vapor Fixtures and Lamps. The installation, sale, offering for sale, lease or purchase of any mercury vapor fixture or lamp for use as outdoor lighting in Area A or Area B is prohibited, except that until May 1, 1991, the provisions of this subsection shall not apply to any replacement lamp. Section 18-602. Certain Other Fixtures and Lam~. The installation, sale, offering for sale, lease or purchase of any low pressure sodium, high pressure sodium, metal halide, fluorescent, quartz or incandescent outdoor lighting fixture or lamp the use of which is not allowed in Area A and Area B by Table 5 is prohibited. Section 18-603. Laser Source Liqht. Except as provided in Section 18-604, the use of laser source light or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited. Section 18-604. Searchliqhts. The operation of searchlights for advertising purposes is prohibited in Area A and is prohibited in Area B between 10:00 p.m. and sunrise the following morning. Section 18-605. Recreational Facilities. In Area A or Area B no outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a specific recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m., except that in Area B any outdoor recreational facility, public or private, which is illuminated with outdoor lighting fixtures conforming to this Code may operate at any time with such illumination. ARTICLE 18-700. TEMPORARY EXEMPTION. Section 18-701. Request; Renewal; Information Required. Any person may submit a written request, on a form prepared by the Town, to the building official for a temporary exemption from the requirements of this Code. The Request for Temporary Exemption shall contain the following information: (a) specific exemption or exemptions requested (b) type and use of outdoor light fixture involved (c) duration of time for requested exemption (d) type of lamp and calculated lumens (e) total wattage of lamp or lamps (f) proposed location on premises of the outdoor light fixture(s) (g) previous temporary exemptions if any and addresses of premises thereunder (h) physical size of outdoor light fixture(s) and type of shielding provided (i) such other data and information as may be required by the building official Section 18-702. Approval; Duration. The building official shall have five (5) business days from the date of submission of the Request for Temporary Exemption to act in writing on the request. If approved, the exemption shall be valid for not more than thirty (30) days from the date of issuance of the approval. The approval shall be renewable at the discretion of the building official upon a consideration of all the circumstances. Each such renewed exemption shall be valid for not more than thirty (30) days. Section 18-703. Disapproval; Appeal. If the Request for Temporary Exemption is disapproved, the person making the request will have the appeal rights provided in Title 18-900. ARTICLE 18-800. OTHER EXEMPTIONS. Section 18-801. Non-Conformance. (a) Mercury vapor lamps in use for outdoor lighting on the effective date of this Code shall not be so used after May 1, 1991. (b) Bottom-mounted outdoor advertising sign lighting shall not be used after December 31, 1988. (c) All other outdoor light fixtures lawfully installed prior to and operable on the effective date of this Code are exempt from all requirements of this Code except those regulated in Sections 18-603, 18-604 and 18-605. There shall be no change in use or lamp type, or any replacement or structural alteration made, without conforming to all applicable requirements of this Code. Section 18-802. Fossil Fuel Liqht. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this Code. Section 18-803. State and Federal Facilities. Outdoor light fixtures installed on, in and in connection with those facilities and land owned or operated by the Federal Government or the State of Arizona, or any department, division, agency or instrumentality thereof, are exempt from all requirements of this Code. Voluntary compliance with the intent of this Code at those facilities is encouraged. ARTICLE 18-900. APPEALS. Section 18-901. Any person substantially aggrieved by any decision of the building official made in administration of this Code has the rights and responsibilities of appeal to the Town Manager. Section 18-902. Any person substantially aggrieved by any decision of the Town Manager may appeal that decision to the Town Council within ten calendar days of said decision. ARTICLE 18-1000. LA~ GOVERNING CONFLICTS. Section 18-1001. Where any provision of Federal, State or Town statutes, codes or laws conflicts with any provision of this Code, this Code shall govern unless otherwise required by law. ARTICLE 18-1100. VIOLATIONS. Section 18-1101. It shall be a Class 1 Misdemeanor for any person to violate any of the provisions of this Code. Each and every day during which the violation continues shall constitute a separate offense. Section 18-1102. Any powers granted the Town herein to enforce the provisions of this Code are cumulative and in addition to any other powers the Town might have, to enforce same. ~ ._'"_..,_..,...._.,.~"-~.......~,~~------'_..._...._"".-