HomeMy WebLinkAboutOrd 2009-01ORDINANCE. NO. 09-01
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 8, OUTDOOR LIGHTING
CONTROL, RELATING TO THE GENERAL REQUIREMENTS AND
PROHIBITIONS.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council ") adopted Ordinance No. 93 -22, which adopted the Zoning Ordinance for the Town of
Fountain Hills (the "Zoning Ordinance "); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
8, Outdoor Lighting Control, to allow the use of compact fluorescent bulbs in outdoor
applications; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
9- 462.04, as amended, public hearings regarding this ordinance were advertised in the
November 26, 2008 and December 17, 2008 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on December 11, 2008, . and by the Town Council on January 15, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Zoning Ordinance, Chapter 8, Outdoor Lighting Control Section
8.03 (B), General Requirements, Requirements for Shielding, is amended as follows:
Requirements for Shielding[Filtration
Must be
Fixture Lamp Type Shielded
Filtering
Recommended
Low pressure sodium
Partially
None
High pressure sodium
Fully
None
Metal halide'` 0'
Fully
Yes
Fluorescent
Fully
Yes4
Quartz
Fully
None
Incandescent greater than 150w
Fully
None
COMPACT FLUORESCENT GREATER
THAN 52w
FULLY
NONE
Incandescent 75w to 150w
Partially
None
COMPACT FLUORESCENT I8w TO 52w
PARTIALLY
YES"
Incandescent less than 75w
None
None
COMPACT FLUORESCENT LESS THAN
18w
NONE
YES ,
Fossil fuel
None
None
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Glass tubes filled with neon, argon, and
krypton: None None
Other sources As approved by the zoning administrator
1 This is the preferred light source to minimize undesirable light into the night sky
affecting astronomical observations.
2 Metal halide lamps shall be in enclosed luminaries. See also Section 8.04.F.
3 Outdoor advertising signs of the type constructed of translucent materials and
wholly illuminated from within do not require shielding.
4 Warm white and natural lamps are preferred to minimize detrimental effects.
5 For the purposes of this division, a quartz lamp shall not be considered an
incandescent light source.
6 Recommended for existing fixtures. See also Section 8.04.G.
SECTION 2. That the Zoning Ordinance, Chapter 8, Outdoor Lighting Control Section
8.04 (C), Prohibitions, Outdoor Building or Landscaping Illumination, is amended as follows
The unshielded outdoor illumination of any building, landscaping, signing or other
purpose, is prohibited except with incandescent fixtures drawing less than seventy -five
(75) watts OR WITH COMPACT FLUORESCENT FIXTURES DRAWING NO
MORE THAN EIGHTEEN (18) WATTS. The combined outdoor unshielded lighting
shall not exceed seventy -five (75) watts with incandescent fixtures OR EIGHTEEN
(18) WATTS WHEN USING COMPACT FLUORESCENT FIXTURES within a 25
foot radius after 11:00 p.m. All illumination shall be so arranged as not to shine upon
or reflect onto adjoining properties.
SECTION 3. That if any provision or any portion of any provision of this Ordinance 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 of this
Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
January 15, 2009.
FOR THE TOWN OF FOUNTAIN HILLS:
Schlum, Mayor
REVIEWED BY:
Richard L. Davis, Town Manager
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ATTESTED TO:
riA A •
AS TO FORM:
Andrew J. Mc6uire, Town Attorney