Chapter 17.105
LIGHTING

Sections:

17.105.010    Purpose and intent.

17.105.020    Applicability.

17.105.030    Conformance with applicable regulations.

17.105.040    Definitions.

17.105.050    General requirements.

17.105.060    Side yard requirements.

17.105.070    Prohibitions.

17.105.080    Permanent exemptions.

17.105.090    Procedures for compliance.

17.105.100    Temporary exceptions.

17.105.010 Purpose and intent.

In order to preserve the rural character and public values of West Point City, this chapter is intended to regulate the permitted use of outdoor artificial illuminating devices emitting undesirable rays into the night sky, glare to oncoming traffic, intrusion of light onto adjacent properties, and light pollution in general, which may have a detrimental effect on the welfare and safety of the populace, as well as the ambiance and rural character of the city. [Code 2000 § 17-27-1].

17.105.020 Applicability.

This chapter applies to commercial, industrial, multifamily, public and quasi-public outdoor lighting fixtures other than 160 watts or less incandescent. [Code 2000 § 17-27-2].

17.105.030 Conformance with applicable regulations.

All outdoor artificial illuminating devices, unless exempted, shall be installed in conformance with the provisions of this chapter, the zoning regulations and any building codes which may hereafter be enacted, as applicable.

Where any provisions of any of the Utah State Code or any federal law, or any zoning ordinance, conflict with the requirements of this chapter, the most restrictive shall be applied. [Code 2000 § 17-27-3].

17.105.040 Definitions.

“Individual” shall mean any private individual, tenant, lessee, owner, or any commercial entity including but not limited to companies, partnerships, joint ventures, or corporations.

“Installed” shall mean the initial installation of outdoor light fixtures defined herein, following the effective date of the ordinance codified in this chapter, but shall not apply to those outdoor light fixtures installed prior to such date, unless such light fixtures are replaced or significantly, structurally altered.

“Outdoor light fixtures” means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement and shall include, but are not limited to, lights for buildings and structures, recreation areas, parking lot lighting, landscape lighting, advertising or other signage, and/or street lighting. [Code 2000 § 17-27-4].

17.105.050 General requirements.

A. Shielding. All exterior illumination devices, except those exempt from this chapter, and those regulated by subsection (C) of this section, shall be fully or partially shielded as required in subsection (C) of this section.

1. “Fully shielded” shall mean that those fixtures shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

2. “Partially shielded” shall mean that those fixtures shall be shielded in such a manner that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing light above the horizontal.

B. Filtration.

1. Those outdoor light fixtures requiring a filter in subsection (C) of this section shall be equipped with a filter whose transmission is less than five percent total emergent flux at wavelengths less than 3,900 angstroms. “Total emergent flux” is defined as that between 3,000 and 7,000 angstroms units.

2. It is recommended that existing mercury vapor fixtures shall be equipped with a filter whose transmission is less than 10 percent total emergent flux at wavelengths less than 440 angstroms.

3. Low pressure sodium lamps are the preferred lamps for minimizing adverse effects on astronomical observations.

C. Requirements for Shields and Filtering. The requirements for the shielding and filtering of light emissions from outdoor light fixtures shall be as set forth in the following table:

REQUIREMENTS FOR SHIELDS AND FILTERING 

FIXTURE

LAMP TYPE FILTERED4

SHIELDED

Low pressure sodium1

Partially

None

High pressure sodium

Fully

None

Metal halide6

Fully

Yes

Fluorescent

Fully5

Yes2

Quartz3

Fully

None

Incandescent greater than 150 W

Fully

None

Incandescent less than 150 W

None

None

Mercury vapor

Fully7

Yes7

Gas filled tubes (neon, argon, krypton)

None

None

Natural gas/fossil fuels

None

None

Other sources

As approved by the planning commission

Footnotes:

1.    This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.

2.    Warm white and natural lamps are preferred to minimize detrimental effects.

3.    For the purposes of this chapter, quartz lamps shall not be considered an incandescent light source.

4.    Most glass, acrylic or translucent enclosures satisfy these filter requirements.

5.    Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.

6.    Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries.

7.    Recommended for existing fixture. The installation of mercury vapor fixtures is prohibited effective 90 days after the date of adoption of the ordinance codified in this chapter.

[Code 2000 § 17-27-5].

17.105.060 Side yard requirements.

Lighting within side yards shall not exceed two foot candles of illumination at the property line, and shall not exceed one-half foot candle within 10 feet over the adjacent property line. [Code 2000 § 17-27-6].

17.105.070 Prohibitions.

A. Searchlights. The operation of searchlights for advertising purposes is prohibited except with a conditional use permit.

B. Recreation Facility. No outdoor recreational facility, public or private, shall be illuminated by nonconforming means after 11:00 p.m., except to conclude a specific recreational or sporting event or any other activity conducted by a ballpark, outdoor amphitheater, arena or similar facility in progress prior to 11:00 p.m.

C. Outdoor Building or Landscaped Illumination. The unshielded outdoor illumination of any building, landscaping, signage or other purpose is prohibited except with incandescent fixtures less than 150 watts.

D. Mercury Vapor. The installation of mercury vapor fixtures is prohibited effective 90 days after the date of adoption of the ordinance codified in this chapter. [Code 2000 § 17-27-7].

17.105.080 Permanent exemptions.

A. Fossil Fuel Light. Produces directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.

B. Federal and State Facilities. Those facilities and lands owned, operated and protected by the U.S. Government or the state of Utah are exempt by law from all requirements of this chapter.

C. Variance. The board of adjustment may grant a special exemption to the regulations of WPCC 17.105.050(C) and in accordance with WPCC 17.20.060 only upon written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice. [Code 2000 § 17-27-8].

17.105.090 Procedures for compliance.

A. Applications.

1. Any applicant for a land use permit and/or building permit, intending to install outdoor lighting fixtures, shall, as part of said application, submit evidence that the proposed work will comply with this chapter.

2. All other individuals intending to install outdoor lighting fixtures shall submit an application to the city planner providing evidence that the proposed work will comply with this chapter.

3. Utility companies entering into a duly approved contract with the city in which they agree to comply with the provisions of these regulations shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting.

B. Contents of Application or Submittal. The submittal 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 West Point City Code upon application for the required permits.

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

2. Description of the illuminating devices, fixtures, lamps, supports and other devices, etc., may include, but is not limited to, manufacturer’s catalog cuts, and drawings (including sections where applicable).

C. Issuance of Permit. Upon compliance with the requirements of this chapter, the city planning director shall issue a permit for installation of the outdoor lighting fixtures, to be installed as in the approved application. In the event the application is part of the land use permit and/or building permit or site plan review, the issuance of the land use permit and/or building permit will be made if the applicant is in compliance with this chapter as well as the other requirements for issuance under this title. Appeal procedures of this chapter are through the planning commission.

D. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps, or cause any change in the approved design, after a permit has been issued, the applicant shall submit all changes to the planning commission for approval, with adequate information to assure compliance with this chapter. [Code 2000 § 17-27-9].

17.105.100 Temporary exceptions.

A. Request for Temporary Exception. Any individual may submit a written request to the West Point City planning commission for a temporary exemption to the requirements of this chapter, such exemption to be valid for up to three months.

A written request for temporary exception shall contain minimally the following information:

1. Specific exemptions requested;

2. Type and use of exterior light involved;

3. Duration of time for requested exemption;

4. Type of lamp and calculated lumens;

5. Total wattage of lamp or lamps;

6. Proposed location of exterior light;

7. Previous temporary exceptions, if any;

8. Physical size of exterior light and type of shielding provided.

B. Appeal for Temporary Exemption. An appeal of a decision of the planning commission shall be heard by the board of adjustment. [Code 2000 § 17-27-10].