HomeMy WebLinkAboutORD397ORDINANCE NO.397
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING
ORDINANCE,BY ADDING ARTICLE 23 OUTDOOR LIGHT CONTROL REGULATIONS (DARK
SKY ORDINANCE);REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY;AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THAT
SECTION I IN GENERAL
The Apache Junction,Arizona,Zoning Ordinance,is hereby amended by
adding Article 23 Outdoor Light control Regulations (Dark Sky
Ordinance),to read as follows:
ARTICLE 23
OUTDOOR LIGHT CONTROL REGULATIONS
(DARK SKY ORDINANCE)
SECTION 23.0100 PURPOSE
These provisions are intended to control the use of outdoor
artificial illuminating devices emitting rays into the night sky which
have a detrimental effect on astronomical observations.I t is the
intention of this Ordinance to encourage good lighting practices such
that lighting systems are designed to conserve energy and money,while
increasing nighttime safety,utility,security,and productivity.
SECTION 23.0200 CONFORMANCE WITH APPLICABLE CODES
Section 23.0201
All outdoor artificial illuminating devices shall be installed in
conformance with the provisions of this Article and with the provisions
of Chapter 7,Building Codes and Construction Standards,of the City
Code.
Section 23.0202
Where any provisions of the Arizona State Statutes,or any Federal
Law,or any other ordinance conflicts with the requirements of this
Article,the most restrictive shall govern.
Section 23.0203
The provisions of this Article are not intended to prevent the use
of any material or method of installation not specifically prescribed
by this Ordinance,provided that the Building Official approves an
alternative design,material,or method that he deems to be equivalent
to the requirements of this Article.
Section 23.0204
As new lighting technology develops which is useful in reducing
light emitted above the horizontal,consideration shall be given to
using state-of-the-art technology in keeping with the intent of the
Ordinance.
SECTION 23.0300 DEFINITIONS
FULLY SHIELDED:shall mean that those fixtures so designated 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 of
the fixture where the light is emitted.
INDIVIDUAL:shall mean any private individual,tenant,leasee,owner,
or any commercial entity,including but not limited to companies,
partnerships,joint ventures,or corp&ations.
INSTALLED:shall mean 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.
OUTDOOR LIGHT FIXTURES:shall mean 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:
1.Building and structures
2.Recreational areas
3.Parking lot lighting
4.Landscape lighting
5.Billboards and other signage
6.Street lighting
PARTIALLY SHIELDED:shall mean that those fixtures conforming to the
classification of "cutoff,"defined in accordance with Illuminating
Engineering Society recommendations which currently reads as follows:
"A luminaire light distribution whose candle power per
1000 lamp lumens does not numerically exceed 25 (2-1/2 percent)
at an angle of 90 degrees above nadir (horizontal),and 100 (10
percent)at a vertical angle of 80 degrees above nadir.This
applies to any lateral angle around the luminaire".
SECTION 23.0400 PROHIBITIONS
Section 23.0401 Searchlights
The operation of searchlights for advertising purposes is
prohibited.
Section 23.0402 Mercury Vapor
The installation of mercury vapor fixtures for street lighting,
parking lots,and security lighting is prohibited.
SECTION 23.0500 EXEMPTIONS
The following illuminating devices are exempt:
Section 23.0501
Fossil Fuel Light:lighting produced by the combustion
of natural gas or other utility -type fossil fuels.
Section 23.0502
Low Intensity Fixture which has a maximum candle power of
1,000 candelas or less (one candela =12.75 lumens)and is
equipped with an automatic device which shuts off the fixture
between 11:00 p.m.and 5:00 a.m..
Section 23.0503
Incandescent fixtures of 150 watts or less.
ORDINANCE NO.397
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Section 23.0504
Low pressure sodium fixtures.
Section 23.0505
Any illuminating device which was installed or for which a
permit was issued prior to the effective date of this Ordinance.
However,such devices must comply with Section 23.0801.
SECTION 23.0600 GENERAL REQUIREMENTS
Section 23.0601 Sign Lighting
External lighting of the face of all signs shall be placed above
the sign and shielded so that the illumination source shall not be
visible from adjacent real property and so that the light is not
directed upward.
Bottom -mounted lighting for all signs must have the approval of a
Conditional Use Permit and such lighting shall consist of not more than
four (4)individual fixtures or lamps per sign face;produces a maximum
of 40,000 lumens per fixture;and spills beyond the sign face no more
than 1,017 lumens per fixture.Such permit may impose sign size,
landscaping,and other requirements.
Off -site signs (billboards)shall be equipped with a permanent
automatic shut-off device such that the lights are not operational
between the hours of 12:00 a.m.(midnight)and 5:00 a.m.
Section 23.0602 Outdoor Building or Landscaping Illumination
The unshielded outdoor illumination of any building,landscaping,
signing,or other purpose is prohibited;except with incandescent
fixtures of 150 watts or less,or low pressure sodium fixtures.
Section 23.0603 Recreational Facilities
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 at a ballpark,outdoor amphitheater,arena,or similar
facility in progress prior to 11:00 p.m.
Section 23.0604 Light Trespass
Illuminating units shall not direct light upon adjacent real
property.Lighting sources shall be hooded or shielded so that they
are not visible from adjacent real property.Approval of a Conditional
Use Permit supported by sufficient justification is required for
lighting that does not comply with this provision.
SECTION 23.0700 REQUIREMENTS FOR SHIELDING AND FILTERING
Section 23.0701 Shielding
All exterior illuminating devices except those exempt from this
Ordinance,and except low pressure sodium fixtures or incandescent
fixtures of 150 watts or less,shall be fully or partially shielded as
required in Section 23.0703.
Section 23.0702 Filtration
Those outdoor light fixtures requiring a filter in Section 23.0703
shall have glass,acrylic,or transluscent enclosures (quartz glass
does not meet this requirement).
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Section 23.0703 Shielding and Filtering Table
The requirements for shielding and filtering light emissions from
outdoor light fixtures shall be as set forth in the following table:
Fixture Lamp Type Shielded Filtered
Low Pressure Sodium 1 None None
High Pressure Sodium Fully None
Metal Halide 5 Fully Yes
Fluorescent 7 Fully 4 Yes 2
Quartz 3 Fully None
Incandescent Greater Than 150 Watts Fully None
Incandescent,150 Watts or Less None None
Mercury Vapor (not permitted)Fully 6 Yes 6
Fossil Fuel None None
Gas Tubes Filled With Neon,Argon,
and Krypton None None
Other Sources As Approved by the Building Official
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 Ordinance,quartz lamps
shall not be considered an incandescent source.
4.Outdoor advertising signs of the type constructed
of transluscent materials and wholly illuminated
from within do not require shielding.
5.Metal halide lighting shall not be used for
security lighting after 11:00 p.m.(or after closing
hours i f before 11:00 p.m.),unless fully shielded
Metal halide lamps shall be in enclosed luminaries
6.Recommended for existing fixtures.The installation
of mercury vapor fixtures is prohibited.
7.Outdoor advertising signs may be fluorescent
fixtures.These fixtures must be mounted at the
top of the sign structure and may be partially
shielded,but need not be filtered.
SECTION 23.0800 NONCONFORMING FIXTURES
Section 23.0801
All nonconforming outdoor light fixtures permitted prior to the
effective date of this Ordinance,except street lights,that are
equipped with a permanent automatic shut-off device shall not be
operated between the hours of 11:00 p.m.and 5:00 a.m.All outdoor
light fixtures permitted prior to the effective date of this Ordinance
that are not equipped with an automatic shut-off device may remain
unchanged.
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Section 23.0802
There shall be no change in use,replacement,structural
alteration,or restoration of any nonconforming outdoor light fixture
after discontinuance of its use for a period of twelve (12)consecutive
months unless i t thereafter conforms to the provisions of these
regulations.
Section 23.0803
Any replacement or structural alteration of a nonconforming light
fixture which requires a permit shall conform to the provisions of
these regulations.
SECTION 23.0900 APPLICATION PROCEDURES FOR ORDINANCE COMPLIANCE
Section 23.0901
Any individual applying for zoning clearance or other permit
approval,and intending to install outdoor lighting fixtures shall,as
part of the application,submit evidence that the proposed work will
comply with the provisions of this Ordinance.
Section 23.0902
Utility companies providing a notarized affidavit 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 for on -site residential security lighting.
Permits shall be required for street light installation in the public
right-of-way.
Section 23.0903
The submission shall contain,but shall not necessarily be limited
to.,the following (which may be in addition to information required
elsewhere in the zoning regulations upon application for any required
permit):
1.Plans indicating the location on the premises and the
types of the proposed illuminating devices,fixtures,
lamps,supports,and other devices,etc.
2.Description of the illuminating devices,fixtures,
lamps,supports,and other devices,etc.This
description may include,but is not limited to,
manufacturer's catalog cuts and/or drawings (including
sections where required).
Section 23.0904
The above required plans and descriptions shall be sufficiently
complete to enable the Building Official to readily determine whether
compliance with the requirements of this Ordinance will be obtained.
I f 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
laboratory.
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance or any part of the code adopted herein by reference
are hereby repealed.
ORDINANCE NO.397
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SECTION III PROVIDING FOR SEVERABILITY
I f any section,sub -section,sentence,phrase,clause,or portion of
this Ordinance or any part of the code adopted herein by reference is
for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction,such decision shall not affect
the validity of the remaining portions thereof.
SECTION IV EMERGENCY CLAUSE
I t is necessary for the preservation of the peace,health,and safety
of the City of Apache Junction,Arizona,that this Ordinance become
effective immediately,an emergency is declared to exist,and this
Ordinance shall be effective immediately upon passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 16th PAY OF JULY ,19 85 .
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
AN S.HILL
MAYOR
ORDINANCE NO.397
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