HomeMy WebLinkAboutRes 2016-22RESOLUTION 2016-22
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE "TOWN OF FOUNTAIN HILLS ZONING ORDINANCE
AMENDMENTS RELATING TO OUTDOOR LIGHTING, NOVEMBER 3,
2016."
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That certain document entitled the "Town of Fountain Hills Zoning
Ordinance Amendments relating to Outdoor Lighting, November 3, 2016," of which one paper
copy and one electronic copy maintained in compliance with ARM REv. STAT. § 44-7041 are on
file in the office of the Town Clerk and open for public inspection during normal business hours,
is hereby declared to be a public record, and said copies are ordered to remain on file with the
Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 3, 2016.
FOR THE TOWN OF FOUNTAIN HILLS
L( a M. Kav n gh, Mayor
IRDD/IWATANIN"A's
ot�
Grady E. 111fills
own Manager
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ATTESTED TO:
fe
r, t4wn Clerk
VED AS TO FORM:
, Town Attorney
TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE AMENDMENTS
RELATING TO OUTDOOR LIGHTING
NOVEMBER 3, 2016
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Amendments to Chapter 1 - Introduction
The Town of Fountain Hills Zoning Ordinance, Chapter 1 (Introduction), Section 1.12
(Definitions) is hereby amended by adding the following definitions:
Adaptive Lighting Controls: Devices such as motion sensors, timers and dimmers used in
concert with outdoor light fixtures to vary the intensity or duration of operation of lighting.
Correlated Color Temperature (CCT): The temperature, in Kelvin, of a black body whose
spectrum approximates the spectral power distribution of a given light source. Correlated color
temperature is a measure of the quality of "warmness" or "coolness" of a lamp.
Fully Shielded: Providing internal and/or external shields and louvers so that light rays emitted
by the fixture, either directly from the lamp or indirectly from the fixture, are projected only
below a horizontal plane running through the lowest point on the fixture where light is emitted or
reflected.
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. The magnitude of glare depends upon such factors as the size,
position, and luminance of the source and the luminance of to which the eyes are adapted.
Initial Lumens: The lumens rating of a lamp when new, not including any age-related
depreciation of light output.
Installed. Set up and fixed in position for use.
Lumen: The SI (International System of Units) unit of light output. A lumen is approximately
the amount of light that falls on a one—square—foot surface one foot away from a candle flame.
Luminaire: A body that gives light.
Nit: A unit of measurement of luminance, or the intensity of visible light, where one nit is equal
to one candela per square meter. Nits are used to describe the brightness of display devices such
as televisions, computers, and electronic message boards.
Outdoor Light Fixture: An artificial illuminating fixture, lamp, or other device, located in the
open air, not within an enclosed structure, that is permanent or portable, and is used for
illumination or advertisement. Such devices shall include, but are not limited to, search, spot or
floodlights for:
1. Buildings and structures
2. Recreation areas
3. Parking lot lighting
4. Landscape lighting
5. Billboards and other signage (advertising or other)
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6. Street lighting.
Partially shielded: As applied to outdoor lighting fixtures, means a fixture that is shielded so
that the bottom edge of the shield is below the plane centerline of the light source (lamp),
minimizing the emission of light above the horizontal plane.
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Amendments to Chapter 6 — Sign Regulations
The Town of Fountain Hills Zoning Ordinance, Chapter 6 (Sign Regulations), Section 6.08
(Signs Allowed or Required), Subsection CC (Electronic Message Center), is hereby amended as
follows:
Section 6.08 Signs Allowed or Required
CC. Electronic Message Center: Signs with intermittent, scrolling or flashing illumination,
including electronic message center signs, are permitted in Commercial and Industrial
zoning districts only; provided, however, that churches and schools may display such
signs in residential districts. All electronic message center signs are subject to the
following:
-21. There shall be no moving or flashing green or red features that could be mistaken
as traffic control devices.
32. Intermittent Changes:
a. Any changes to the face or copy of the sign must have a minimum of eight
(8) second interval between changes.
b. Any „hanges to the feeor-eepy of4ie sign must stop at. BETWEEN THE
HOURS OF 10:00 p.m. — 6:00 A.M., except for time and temperature...:
(1) THERE SHALL BE NO CHANGES TO THE FACE OR COPY
OF THE SIGN; AND
C—. (2) After- 10:00 ,. The background must be darker than the text.
3. LED SIGNS / ELECTRONIC MESSAGE DISPLAYS ARE SUBJECT TO ALL
OF THE FOLLOWING:
a. BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.:
(1) LED SIGNS SHALL NOT EXCEED THE MAXIMUM
LUMINATION LEVEL OF 100 NITS; AND
(2) SIGNS LOCATED ADJACENT TO RESIDENTIAL ZONING
DISTRICTS SHALL BE TURNED OFF.
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b. SIGNS SHALL BE EQUIPPED WITH PHOTO CELL SENSORS
THAT ARE FACTORY LOCKED TO:
(1) ADJUST THE SIGN TO AN APPROPRIATE LIGHT LEVEL
DURING DAYLIGHT HOURS; AND
(2) DIM THE SIGN AT NIGHT TO THE REQUIRED NIT LEVEL
AS STATED IN THIS SECTION.
C. AN AFFIDAVIT FROM THE MANUFACTURER OR OTHER
EVIDENCE OF COMPLIANCE SATISFACTORY TO THE TOWN,
ATTESTING TO THE PHOTO CELL SENSOR EQUIPMENT LOCK
AS REQUIRED ABOVE SHALL BE SUBMITTED WITH THE SIGN
PERMIT APPLICATION.
d. THE ELECTRONIC MESSAGE CENTER PORTION OF THE SIGN
SHALL NOT HAVE A WHITE BACKGROUND AND SHALL BE
TURNED OFF WHEN THE BUSINESS IS CLOSED.
e. SIGNS SHALL INCLUDE TIMERS THAT AUTOMATICALLY TURN
OFF THE DIGITAL DISPLAY.
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Amendments to Chapter 8 - Outdoor Lighting Control
The Town of Fountain Hills Zoning Ordinance, Chapter 8 (Outdoor Lighting Control) is hereby
amended as follows:
Sections:
8.01 Administration.
8.032 General Requirements.
8.0403 Prohibitions.
8.054 Permanent and Temporary Exemptions.
8.065 Procedures for Compliance.
Section 8.01 Administration
A. Purpose: IT IS THE INTENT OF THIS CHAPTER TO REQUIRE LIGHTING
PRACTICES AND SYSTEMS THAT MINIMIZE LIGHT POLLUTION, GLARE,
AND LIGHT TRESPASS, AND CONSERVE ENERGY WHILE MAINTAINING
ADEQUATE LIGHT FOR NIGHTTIME SAFETY, UTILITY, SECURITY AND
PRODUCTIVITY. GOOD MODERN LIGHTING PRACTICES CAN ACHIEVE
THESE GOALS AND AT THE SAME TIME PRESERVE THE SCENIC VIEW OF
THE NIGHT SKY, MINIMIZE LIGHTING THAT WOULD HAVE A
DETRIMENTAL EFFECT ON ASTRONOMICAL OBSERVATIONS, AND
PREVENT LIGHTING THAT WOULD BE OFFENSIVE TO NEIGHBORING AND
NEAR -BY PROPERTIES.zhisEh-aster- intended -ter-estr-iet the oefmitted use e
B. Conformance with Applicable Code AND ZONING ORDINANCE Provisions: All
outdoor artificial illuminating devices shall be installed in conformance with the
provisions of this a-r-tieleCHAPTER, any other applicable provisions of the Zoning
Ordinance of the Town of Fountain Hills and building or-dinaneesCODES of the
Town of Fountain Hills, which may hereafter be enacted, as applicable. A4iere any
- . . )f any of the Arizona state statLAes or- of the federal law, or- any eempanten
of-dififfine.e eeaTar-atively eonfliets with the requirements of this ehapter-, the more
C. Approved Material and Methods of Installation: The provisions of this chapter are
not intended to prevent the use of any material or method of installation not specifically
prescribed by this chapter, provided any such alternate has been approved in writing by
the Town of Fountain Hills Community Development Direeter ZONING
ADMINISTRATOR upon CONSULTATION WITH THE CHIEF BUILDING
OFFICIAL AND Minding that the proposed design, material or method:
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I . Provides approximate equivalence to the applicable requirements of this chapter
AND APPLICABLE BUILDING CODES; or
2. Is otherwise satisfactory and complies with the intent of this chapter.
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Section 8.032 General Requirements
A. Shielding and Filtration:
1. ALL OUTDOOR LIGHT FIXTURES WITH LIGHT OUTPUT GREATER
THAN 2250 INITIAL LUMENS SHALL BE FULLY SHIELDED. FIXTURES
WITH LIGHT OUTPUT RANGES FROM 1125 TO 2250 INITIAL LUMENS
SHALL BE AT LEAST PARTIALLY SHIELDED. ,
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s.
Section 8.032 General Requirements
A. Shielding and Filtration:
1. ALL OUTDOOR LIGHT FIXTURES WITH LIGHT OUTPUT GREATER
THAN 2250 INITIAL LUMENS SHALL BE FULLY SHIELDED. FIXTURES
WITH LIGHT OUTPUT RANGES FROM 1125 TO 2250 INITIAL LUMENS
SHALL BE AT LEAST PARTIALLY SHIELDED. ,
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2. OUTDOOR ADVERTISING SIGNS CONSTRUCTED OF TRANSLUCENT
MATERIALS AND WHOLLY ILLUMINATED FROM WITHIN DO NOT
REQUIRE SHIELDING. It is recommended that existing mercury vapor
fixtures either be replaced or be equipped with a filter whose transmission is less
than ten (10) percent total emergent flux at wavelengths less than forty-four
hundred (4400) angstroms. "Total emergent flux" is defined as that between three
thousand (3000) and seven thousand (7000) -angstrom units.
B. CORRELATED COLOR TEMPERATURE (CCT): IN
ORDER TO MINIMIZE THE DETRIMENTAL EFFECTS OF BLUE LIGHT, THE
CORRELATED COLOR TEMPERATURE (CCT) OF ANY OUTDOOR LIGHTING
FIXTURE SHALL NOT EXCEED 3000K.Thezeqifernents-for- shielding =ght
following tab4e--
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C. LIGHT TRESPASS: OUTDOOR LIGHTING FIXTURES SHALL BE
SUFFICIENTLY SHIELDED AND AIMED SUCH THAT SPILLAGE OF LIGHT
ONTO ADJACENT PROPERTIES IS MINIMIZED AND GLARE FROM THE LIGHT
EMITTING AND/OR REFLECTING PARTS OF A LUMINAIRE IS NOT VISIBLE
FROM ANY ADJACENT PROPERTY.
D. HOLIDAY LIGHTING DECORATIONS: TEMPORARY OUTDOOR HOLIDAY
LIGHTING DECORATIONS ARE PERMITTED FOR A REASONABLE PERIOD
BEFORE A HOLIDAY AND ARE NOT SUBJECT TO THE REQUIREMENTS IN
THIS SECTION 8.02. HOLIDAY LIGHTING IN RESIDENTIAL NEIGHBORHOODS
SHALL BE MINIMIZED AFTER 11:00 P.M. SUNDAY THROUGH THURSDAY
AND 11:00 P.M. FRIDAY AND SATURDAY AND SHALL BE REMOVED WITHIN
TWO WEEKS AFTER THE HOLIDAY.
Section 8.8403 Prohibitions
A. Searchlights: The operation of searchlights f advertising purposes is prohibited.
B. Recreational Facilities: No outdoor recreational facility, public or private, shall be
illuminated by honer f fmiag means after 11:00 P.M. except to conclude a specific
recreational, sporting or other activity that began prior to 10:00 P.M. RECREATIONAL
FACILITY LIGHTING SHALL MAKE APPROPRIATE USE OF ADAPTIVE
CONTROLS WHEN POSSIBLE.
C. Outdoor Building or Landscaping Illumination: The unshielded outdoor illumination
of any building, landscaping, signing SIGNAGE or other purpose, is prohibited except
with ndeseon* LIGHT fixtures a,..,wing loss th—anLESS THAN seventy five
watts 1125 LUMENS. or- with eempaet fluefeseet4 fixtufes drawing He more than
eighteen (1 9) wa4tsThe combined outdoor unshielded lighting shall not exceed seventy-
five (75) watts with ineandeseen4 fixtffes or- eighteen (19), wa#s whe . - pac4
flu6r€seent fixtuesI125 LUMENS within a 25 -foot radius. aft All
illumination shall be so arranged as not to shine upon or reflect onto adjoining properties.
D. Exterior Lighting: All lighting for off-street parking or loading areas or for the external
illumination of buildings or signs shall be directed away from and shielded from any
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adjacent residential property and shall not detract from driver visibility on adjacent
streets.
E. Mercury Vapor: All mercury vapor fixtures are prohibited.
F. Signage: All outdoor signage, with lighting; shall conform to Section 8.0-32 and shall
be of such size and color as not to interfere with traffic or limit visibility of adjoining
property. 111 minmier LIGHTING on any sign not wholly illuminated from within
SHALL conform to Section 8.0-32 and be directed towards the ground.
REGULATIONS RELATING TO SIGNS WITH INTERMITTENT, SCROLLING OR
FLASHING ILLUMINATION ARE IN CHAPTER 6, SECTION 6.08.CC.Signs shall
not ha-,�e intet:mittei# illumination of flashing lights (see Seetion 6.03.C.6)-.
Section 8.054 Permanent and Temporary Exemptions
A. Nonconforming Fixtures: All outdoor light fixtures existing and fully installed prior to
the effective date of this chapter are nonconforming indefinitely; provided, however, that
no change in use, replacement, structural alteration, or restoration (after abandonment of
outdoor light fixtures) shall be made unless it thereafter conforms to the provisions of this
chapter.
B. Fede --a' and StateGOVERNMENTAL Facilities: Those facilities and lands owned,
operated or protected by the U.S. federal government, the State of Arizona, or Maricopa
County, are exempted from all requirements of this chapter. Voluntary compliance with
the intent of this chapter at those facilities is urged. TOWN OUTDOOR LIGHTING
FACILITIES SHALL ADHERE TO THE FOLLOWING REQUIREMENTS:
1. WHEN NEW TOWN -OWNED BUILDINGS AND OTHER FACILITIES ARE
CONSTRUCTED, OR NEW TOWN RIGHTS-OF-WAY ARE ESTABLISHED,
THE INSTALLATION OF NEW OUTDOOR LIGHTING FIXTURES SHALL
BE ALLOWED ONLY WHEN (A) A SPECIFIC NEED RELATED TO A
HAZARDOUS NIGHTTIME SITUATION IS IDENTIFIED BY THE TOWN
OR (B) LIGHTING IS DEEMED NECESSARY AS A MATTER OF
ENSURING PUBLIC HEALTH, SAFETY AND WELFARE.
2. WHEN EXISTING TOWN -OWNED BUILDINGS, OTHER FACILITIES AND
TOWN RIGHTS-OF-WAY ARE MODIFIED BY PHYSICAL ALTERATIONS
AND/OR BY A CHANGE OF USE, THE INSTALLATION OF NEW
OUTDOOR LIGHTING FIXTURES BEYOND EXISTING INSTALLATIONS
SHALL BE ALLOWED ONLY WHEN (A) A SPECIFIC NEED RELATED TO
A HAZARDOUS NIGHTTIME SITUATION IS IDENTIFIED BY THE TOWN
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OR (B) LIGHTING IS DEEMED NECESSARY AS A MATTER OF
ENSURING PUBLIC HEALTH, SAFETY AND WELFARE.
3. EXCEPT AS SET FORTH IN THIS SECTION, WITH THE ESTABLISHMENT
OF ANY NEW RESIDENTIAL SUBDIVISION WHERE STREET RIGHTS-
OF-WAY WILL BE DEDICATED TO THE TOWN, THE TOWN SHALL NOT
ALLOW THE INSTALLATION OF STREETLIGHTS. HOWEVER, IN CASES
WHERE IT IS DETERMINED THAT STREET LIGHTING IS DEEMED
NECESSARY IN PUBLIC RIGHTS-OF-WAY FOR THE HEALTH, SAFETY
OR WELFARE OF PEDESTRIANS, BICYCLISTS AND/OR MOTORISTS,
THE INSTALLATION OF STREET LIGHTING SHALL BE PERMITTED.
ALL LIGHTING SO INSTALLED SHALL: (A) BE FULLY SHIELDED; (B)
MEET CORRELATED COLOR TEMPERATURE REQUIREMENTS; (C)
MAKE USE OF APPROPRIATE ADAPTIVE CONTROLS; AND (D) BE
SUBJECT TO CURFEWS AS DIRECTED BY THE TOWN COUNCIL.
C. Special Exemption: The Zoning Administrator may grant a special exemption from the
requirements of Section 8.0-32 only upon a written finding that there are extreme
geographic or geometric conditions warranting the exemption and that there are no
conforming fixtures that would suffice.
D. Utility Exemption: Utility companies entering into a duly approved contract with the
Town of Fountain Hills 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, ineluding residential se ,-ity lighting.
E. Temporary Exemptions:
1. Request: Any individual may submit a written request (on a form approved by the
Zoning Administrator) for a temporary exemption to the requirements of this
chapter, such exemption to be valid for thif�y (30) days, renewable at the
discretion of the Zoning Administrator.
2. The request for temporary exemption(s) shall provide:
a. Specific exemptions(s) requested.
b. Type and use of outdoor light fixture for which exemption is sought.
C. Duration of the requested exemption.
d. Type of lamp(s) and calculated lumens.
e. Total wattage of lamp(s).
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f. Proposed location.
g. Previous temporary exemptions, if any.
h. Physical size of outdoor light fixture and type of shielding to be provided.
3. In addition to the above data, the Zoning Administrator may request any
additional information, which would assist his --IN evaluatienG of the request.
4. THE ZONING ADMINISTRATOR SHALL MAKE A DECISION ON THE
APPLICATION AND SHALL NOTIFY THE APPLICANT OF THE DECISION
WITHIN 10 DAYS OF RECEIPT OF A COMPLETE APPLICATION. THE
EXEMPTION SHALL BE GRANTED UPON A DETERMINATION THAT
THE TYPE AND USE OF THE OUTDOOR LIGHT FIXTURE IS THE FOR
THE SHORTEST PERIOD OF TIME AND THE MINIMUM LUMENS
NEEDED FOR THE INTENDED PURPOSE AND SHALL NOT BE
DETRIMENTAL TO PERSONS RESIDING OR BUSINESSES OPERATING
WITHIN A REASONABLE DISTANCE FROM THE USE LOCATION.
F. SPECIAL EVENTS: EVENTS THAT ARE APPROVED THROUGH THE SPECIAL
EVENT PERMIT, SPECIAL USE PERMIT, TEMPORARY USE PERMIT, OR
ADMINISTRATIVE USE PERMIT PROCESSES MAY INCLUDE SPECIFIED
EXEMPTIONS FROM THIS CHAPTER FOR THE DURATION OF THE EVENT,
BUT ONLY IF THEY SATISFY THE CRITERIA SET FORTH ABOVE IN
SUBSECTION (E)(4).
Section 8.065 Procedures for Compliance
A. Application:
1. Any individual applying for a building PERMIT or use permit under- the zo
or-dinanee of the T^,.,,, of F^,,, -,tai Hills -WHO intendSieg to install outdoor
lighting fixtures shall, as a part of saidTHE PERMIT application, submit evidence
that the proposed wer4 LIGHT FIXTURES will comply with this chapter.
2. All other individuals intending to install outdoor lighting fixtufes shall submit an
applieation to the Zoning Administ-Fator- providing evidenee that the pr-opos
work will eomply with this ehapten Landscape lighting or decorative lighting
consisting of light fixtures of i„,..,,ween ' u4bs under twenty five (25) watts 375
LUMENS are exempt from the requirements of this par-agfaphSECTION.
B. Contents of Application: The application FOR BUILDING PERMIT OR USE
PERMIT shall contain, but shall not necessarily be limited to the following, all or a
portion of which may be part of or in addition to the information required elsewhere in
tie -THIS Zoning Ordinance of Tev,Fountain Hills.
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1. Plans indicating the location on the premises, and the type of illuminating devices,
fixtures, lamps, supports, etc.
2. Description of the illuminating devices, fixtures, lamps, supports, etc. phis
deseriptiei}-SHALL INCLUDE AT LEAST THE INITIAL LUMEN OUTPUT,
SHIELDING PLANNED, AND may of luted -to, manufacturer's
catalog cuts, and drawings (including Sections where required). ADDITIONAL
INFORMATION MAY BE REQUIRED, AS DEEMED NECESSARY BY THE
ZONING ADMINISTRATOR.
3. IF AN APPLICANT DESIRES TO USE AN OUTDOOR LIGHT FIXTURE
THAT IS DIFFERENT FROM WHAT IS IN THE APPLICATION, THE
APPLICANT SHALL SUBMIT THE REQUESTED CHANGE TO THE
ZONING ADMINISTRATOR WITH ADEQUATE INFORMATION TO
ALLOW A DETERMINATION IN COMPLIANCE WITH THIS CHAPTER.
The above required plans and descriptions shall be sufficiently complete to enable the
Zoning ^ dmini tfatefREVIEWING DEPARTMENT to readily determine compliance
with the requirements of this chapter. If such plans and descriptions do not readily enable
this determination, the applicant shall submit evidence of compliance by certified test
reports as performed by a recognized testing lab.
Should the appheant desire to use different outdoor light fixtures or lamps the appheant
n+ast submit all ehanges to the Zoning Administrator- with adequate information to a
a determination of eomplianee with this Chapter-.
C. ADDITIONAL REQUIREMENTS FOR SITE PLAN APPLICATION: FOR ALL
SITE PLANS FILED ON OR AFTER DECEMBER 5, 2016, THE FOLLOWING
LUMEN DENSITY CAPS SHALL APPLY:
1. IN COMMERCIAL, INDUSTRIAL, LODGING, AND MULTI -FAMILY
ZONING DISTRICTS, UNSHIELDED LIGHTING ON A PROPERTY SHALL
NOT EXCEED:
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11 1 11 1 111111 1 11111111111
1 WN, MIN
IN No
C. ADDITIONAL REQUIREMENTS FOR SITE PLAN APPLICATION: FOR ALL
SITE PLANS FILED ON OR AFTER DECEMBER 5, 2016, THE FOLLOWING
LUMEN DENSITY CAPS SHALL APPLY:
1. IN COMMERCIAL, INDUSTRIAL, LODGING, AND MULTI -FAMILY
ZONING DISTRICTS, UNSHIELDED LIGHTING ON A PROPERTY SHALL
NOT EXCEED:
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a. 50,000 LUMENS PER NET ACRE IN COMMERCIAL, INDUSTRIAL,
AND LODGING ZONING DISTRICTS.
b. 20,000 LUMENS PER NET ACRE IN MULTI -FAMILY ZONING
DISTRICTS.
2. TO PREVENT OVER -LIGHTING IN COMMERCIAL, INDUSTRIAL,
LODGING, AND MULTI -FAMILY ZONING DISTRICTS, THE TOTAL
AMOUNT OF LIGHTING ON A PROPERTY, BOTH SHIELDED AND
UNSHIELDED, SHALL NOT EXCEED:
a. 100,000 LUMENS PER NET ACRE IN COMMERCIAL,
INDUSTRIAL, AND LODGING ZONING DISTRICTS.
b. 50,000 LUMENS PER NET ACRE IN MULTI -FAMILY ZONING
DISTRICTS.
3. IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS AND FOR
SINGLE-FAMILY RESIDENTIAL USES, OUTDOOR LIGHTING IS NOT
SUBJECT TO A LUMEN DENSITY CAP, BUT IS SUBJECT TO SHIELDING
REQUIREMENTS AS SET FORTH IN SECTION 8.02(A).
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