Outdoor lighting is provided for a variety of purposes to the benefit of modern society. For work or recreation, it enables people to see essential detail in order that they may undertake their activities at night. It facilitates the safety or security of persons or property, for example through lighting on roads and pathways. It may be used to emphasize features of architectural or historical significance, and to light parks and gardens. It is used for advertising or display to promote products or services, or to call attention to commercial premises by means of area lighting or signs.

It is the intent of this ordinance to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures and lighting systems are designed, constructed, and installed to control glare and light trespass, minimize obtrusive light, conserve energy and resources while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment.

Cut-off Angle (of a luminaire) - the angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source is not visible.

Fully Shielded -outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixtures at angles above the horizontal plane. This means that the shield is not flush or parallel with the light source or bulb. This is referred to in this document as a cut-off-fixture.

Glare - the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

Illuminance - the quantity of light, or luminous flux, arriving at a surface divided by the area of the illuminated surface, measured in lux or foot candles.

Installed - the initial installation of outdoor light fixtures defined herein, following the effective date of this ordinance but shall not apply to those outdoor light fixtures installed prior to such date.

Light trespass - light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited (also called spill light)

Lumen - a unit of light measurement

Luminance - the physical quantity corresponding to the brightness of a surface (e.g. a lamp, luminaries, sky, or reflecting material) in a specified direction. It is the luminous intensity of an area of the surface divided by that area.

Luminaire - a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

Obtrusive light - spill light which, because of quantitative, directional or spectral context, gives rise to annoyance, discomfort, distraction or a reduction in the ability to see essential information.

Outdoor Light Fixtures - outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to search, spot, or flood lights for:

Spill light - light emitted by a lighting installation that falls outside the boundaries of the property on which the installation is sited (also called light trespass).

All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this ordinance and applicable provisions of other city ordinances. Where there is conflict between the provisions of this ordinance and other city ordinances, the most restrictive shall govern.

The provisions of this ordinance are not intended to prevent the use of any material or method of installation not specifically prescribed by this ordinance provided any such alternate has been approved. The Planning Commission may approve any such alternate provided that the proposed design, material, or method:

a) provides approximate equivalence to the specific requirements of this ordinance or;

b) is otherwise satisfactory and complies with the intent of this ordinance.

4.1 Shielding

All outdoor light fixtures except those exempted by Section 7.0 and those regulated by Section

4.2 shall be fully shielded as required in Section 4.2.

4.2 Requirements for Shielding

The requirements for shielding light emissions from outdoor light fixtures shall be as set forth in table one. Shielding of sign, landscape, or building facade lighting shall be set forth in sections 5.0 (A) and 6.0 (f). Vegetation shall not be considered as a shield.

Table 1: Requirement for Shielding

Footnotes:

2) Metal halide lamps shall be in enclosed luminaires.

3) Warm white natural lamps are preferred to minimize detrimental effects.

A. Building/wall mounted and freestanding exterior area lighting shall be directed down and fully screened away from adjacent properties. Sign, landscape, and building facade luminaire that are non-cutoff shall be equipped with glare shields, visors, barn doors, or similar shielding accessories that restrict direct illumination to within the perimeter of the object being illuminated.

1) Building Mounted lighting, Plaza Lighting, Open Space Lighting, Parking Lot Lighting and Landscape Lighting: the top of such fixtures shall not exceed thirty (30) feet in height from grade (including the pole base).

B. Details of all commercial exterior lighting installations require approval by the River Heights City Planning Commission prior to installation.

C. Other lighting alternatives which meet the intent of items above may be used with prior written approval from the River Heights City Planning Commission.

(a) Recreational Facility. No public outdoor recreational facility shall be illuminated after 11 p.m. except to conclude any recreational or sporting event or other activity conducted at a ball park, outdoor amphitheater, arena, or similar facility in progress prior to 10:30 p.m. No private outdoor recreation facility shall be illuminated after 10:00 P.M.

(b) Outdoor Building, Landscaping and Signs. The unshielded (per section 6.0 (f)) outdoor illumination of any building or landscaping is prohibited except with incandescent fixtures with lamps of 100 watts or less. Free standing advertisement signs with internal lighting are permitted . All illuminated outdoor advertising signs shall be equipped with an automatic time controller that prevents the operation of the lighting fixtures between the hours of 11 p.m. and sunrise. Businesses open 24 hours a day are exempt from this curfew.

(c) Mercury Vapor. The installation of mercury vapor fixtures is prohibited.

(d) Searchlights. Searchlights used for advertising or entertainment purposes are prohibited past 10:00 P.M.

(e) Light trespass, deemed nuisance. Outside lighting such as lamps, bulbs, lights and all other devices for producing artificial light which shine or reflect light onto or into a neighboring residence or property so as to annoy or disturb the persons inhabiting or using such property is hereby declared to be a nuisance and is unlawful and prohibited. Investigation and enforcement by the city of violations of this ordinance shall be only upon written complaint signed and submitted by the aggrieved complaining party. The maximum maintained illuminance levels permitted at property lines is set forth in Table Two.

Table 2: Maximum Footcandles at Property Lines

(f) All upward-directed sign building or landscaping lighting is prohibited, unless equipped with glare shields, visors, barn doors, or similar shielding accessories that restrict direct illumination to within the perimeter of the object being illuminated.

(g) - Any unshielded (per section 6.0 (f)) flood light or spot light must be aimed no higher than 45 degrees above straight down.

(h) - Non cut-off wall packs are prohibited.

(I) - Drop lenses that change a luminaire from cutoff to non-cutoff are prohibited.

(j) - Tilting of existing or new fixtures that change a cutoff fixture to non-cutoff is prohibited.

(a) Nonconforming Fixtures. Outdoor light fixtures installed prior to the effective date of this ordinance are exempt from the provisions of this ordinance, provided, however, that no change in use, replacement, structural alteration, or restoration of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of this ordinance. Routine maintenance activities shall be allowed and include the following: replacement of lamps, replacement/repair of damaged or inoperative luminaire components such as ballasts, igniters, lenses, reflectors, refractors, sockets, or photo cell controls.

(b) Fossil Fuel Light. Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels is exempt from the provisions of this ordinance.

(c) Special Conditions. For street lighting in a right-of-way, the River Heights City Council may grant a special exemption to the requirements of this lighting ordinance.

(d) Construction Lighting. Lighting necessary for construction is exempt from the provisions of this ordinance provided said lighting is temporary and is discontinued immediately upon completion of the construction work.

(e) Emergency lighting by police, fire, and rescue authorities is exempt from the Code.

(f) Holiday lighting is exempt from the Code.

Any person applying for a building, electrical or sign permit to install outdoor lighting fixtures shall, as a part of said application submit evidence that the proposed work will comply with this ordinance.

The application shall contain but shall not be limited to the following:

1) Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, other devices.

2) Descriptions of the illuminating devices, fixtures, lamps, supports and other devices. This description shall include but is not limited to manufacturer's catalog cuts, footcandle plots (in tenths, example: 0.3), and drawings including sections where required. Footcandle plots shall include listings of average, maximum, minimum, maximum/minimum, average/minimum values, as well as plots.

3) The above required plans and descriptions shall be sufficiently complete to enable the City Engineer to readily determine whether compliance with the requirements of this ordinance will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.

9.1 Commercial

Prior to issuance of a building, electrical or sign permit, the River Heights City Planning Commission shall determine that the submitted plans and details for said permit are in conformance with this ordinance. The stamping of the plans and the signature of the City Engineer and the date of the signature shall indicate that the plans are in conformance. Should the applicant desire to substitute outdoor light fixtures or lamps to be installed on private property after a permit has been issued, the applicant shall submit all changes to the River Heights City Planning Commission for approval, with adequate information to assure compliance with this ordinance.

9.2 Residential

A permit is not required. All residential installations, however, shall comply fully with this ordinance.

All installations are allowed to meet the Illumination Engineering Society of North America minimum standards, plus 30%, maximum.

Except for street lighting within the right-of-way as provided in Section 7.0 the appeal procedures of the River Heights City Zoning Ordinance shall apply.

Conflict - Whenever regulations in this Ordinance require higher standards than are required in other ordinances or laws, the provisions of this Ordinance shall govern. Whenever regulations of other ordinances or laws require higher standards than the provisions of this Ordinance, then said other ordinances shall govern. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

Severability - This Ordinance and the various parts, sections and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause or phrase is adjudged to be unconstitutional or invalid, it is hereby declared that the remainder of the Ordinance shall not be affected thereby. The City Council of River Heights City, Utah, hereby declares that it would have passed this Ordinance on each part, section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid.

Responsibility for Violations - It shall be the duty of all architects, contractors, subcontractors, builders and other persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling of any building or structure to see that a proper permit has been granted before such work is begun. Any such architect, builder, contractor or other person doing or performing any such work without a permit having been issued is in conflict with the requirements of this Ordinance and shall be deemed guilty of violation of this Ordinance in the same manner and to the same extent that the owner of the premises or the persons for whom the use is established, or for whom such buildings are erected or altered, and shall be subject to the penalties herein prescribed for violation.

12.1 Mandatory and Prohibiting Nature of Provisions

1. It is unlawful for any person, firm or corporation to perform or refuse to perform any act prohibited or required by this Title, or to fail to comply with any valid order issued by the Building Inspector or his or her designate pursuant to the provisions of this Title.

2. Any person, firm or corporation violating any of the provisions of this Title shall be guilty of a Class B misdemeanor and shall be punished as provided by Chapter 1-300 of the Code of Revised Ordinance of River Heights City.

12.2 Start of Work Without Permit-Penalty Fees-Emergencies:

1. Fee Increase. Whenever any construction or work for which a permit is required by this Title is started or commenced without obtaining the prescribed permit, the fees specified is this Title may be increased by the building inspector up to a double fee, but the payment of such increased fees shall not relieve any persons from fully complying with the requirements of this title in the execution of the work nor from any other penalties prescribed herein.

2. Exception-Emergency Work. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the building inspector that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining a permit, a double fee, as herein provided, shall be charged.

This Ordinance shall become effective upon its passage and due posting in three (3) public places in River Heights City, as required by law. Passed by the River Heights City Council this 27day of March, 2001.

__________________________ Ralph Degn, Mayor

Attested By:

Text in this ordinance was adopted, with permission, from information provided by:

International Dark Sky Association (IDA)

3225 N. First Ave.

Tucson AZ 85719 USA

Personal correspondence with Christian B. Luginbuhl, U.S. Naval Observatory Flagstaff Station