Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents

§ 670-49 Applicability.

This article applies to all outdoor light fixtures in the Village, whether existing at the time of adoption of this article or hereafter, except as specifically stated otherwise herein. This article applies to all properties in the Village, except as specifically stated otherwise herein. No outdoor light fixture shall be installed, erected, used, or moved except in compliance with this article and all other applicable requirements of the Village Code. If an outdoor light fixture will be installed as part of a project for which a building permit is required, then a lighting plan must be submitted with the building permit application for Village review pursuant to the building permit review procedures of this Code.

§ 670-50 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DIRECT LIGHT RAY
Any light ray, luminance or luminous flux, that is:
A. 
Directly emitted from an outdoor light fixture; or
B. 
Indirectly emitted from an outdoor light fixture or the optics, reflector, lens, diffuser or opening of an outdoor light fixture.
OUTDOOR LIGHT FIXTURE
Any electrically powered illuminating device used outdoors or used to illuminate exterior areas, consisting of or including one or more lamps to emit luminous flux in the visible spectrum.

§ 670-51 Setback.

All outdoor light fixtures shall be set back a minimum of three feet from the property line.

§ 670-52 Height.

No outdoor light fixture directly attached to a building shall be placed above the highest point of the roofline of any building, except that such directly attached light fixtures for a deck shall not exceed 12 feet in height from the finished surface level. No outdoor light fixture on a pole shall exceed 12 feet in height from the finished lot grade, which does not include berms, artificial hills, and mounds. All other outdoor light fixtures shall not exceed 12 feet in height from the finished lot grade, which does not include berms, artificial hills, and mounds. The height shall be measured to the highest point of the outdoor light fixture that emits direct light rays.

§ 670-53 Shielding.

All outdoor light fixtures shall be directed or shielded so that the direct light rays are not visible beyond the property line.

§ 670-54 Color.

All light emitted from outdoor light fixtures shall be in a color band of white color light which is defined as white light emitted from incandescent, quartz halogen, fluorescent or metal halide (MH) sources that are not tinted or filtered in any way to alter the apparent color. Holiday lighting as described in § 670-58B of this article shall be excepted from the requirements of this section.

§ 670-55 Maximum allowable light trespass.

In no case shall illuminance level from any outdoor light fixture(s), individually or combined, measure above 0.2 footcandle at any location beyond the property line.

§ 670-56 Existing nonconforming outdoor light fixtures.

Outdoor light fixtures that are in place and operational on May 21, 2008 (existing fixtures) must be brought into compliance with the terms of this article as follows:
A. 
Color. Such existing fixtures that have bulbs that do not comply with the color requirements of § 670-54 must have replacement, compliant bulbs installed no later than May 21, 2010.
B. 
Shielding and light trespass. Such existing fixtures that do not comply with the shielding and light trespass requirements of §§ 670-53 and 670-55 of this article must be brought into compliance with such requirements no later than May 21, 2009.
C. 
Abandonment. Such existing fixtures that do not comply with the terms of this article and that are not operational or are not used for a period of 365 consecutive days, for any reason, are considered to be abandoned and shall not be used until they are moved, replaced, removed, or otherwise brought into compliance with all requirements of this article.
D. 
Unlawful fixtures. If, immediately prior to the effective date of this article, any such existing fixture was not in compliance with the then-applicable laws and ordinances, such fixture must immediately be brought into compliance with this article. No waiver or extension is hereby granted to unlawful existing fixtures.

§ 670-57 Parking lots.

Outdoor light fixtures designed to illuminate a parking lot for a business or institutional use shall be extinguished when the last person who is leaving the building for the night leaves the premises or when such building is empty. Such lights shall then remain extinguished until a person arrives and enters the building on the premises. A building is considered to be empty if it is not occupied, and also if it is occupied by a night watchman, caretaker, or similar person, who will remain in the building overnight.

§ 670-58 Exceptions.

The requirements of this article are subject to the following exceptions:
A. 
Residential post lights. The shielding requirements of § 670-53 of this article shall not be required on property that is used exclusively for single-family residential purposes, for porch, post lamp, decorative and sidewalk lighting fixtures that use or provide nondirectional light sources of 25 watts maximum incandescent clear, 40 watts maximum incandescent, frosted or diffused by some other means, or 11 watts maximum fluorescent, or the equivalent. Any such lighting fixture shall be set back a minimum of 10 feet from property lines excepting the front property line.
B. 
Holiday lighting. The shielding requirements of § 670-53 shall not be required for any outdoor light fixture used for the purpose of decorating or celebrating (holiday lighting) between November 15 and January 31, provided that the wattage of any directional or nondirectional light source or lamp is 100 watts incandescent or less or 22 watts fluorescent or less, or the equivalent.
C. 
Specific approvals. The setback and height restrictions of §§ 670-51 and 670-52, respectively, shall not be required on property that is used for a business, institutional or multifamily residential purpose, if different requirements are expressly permitted by a development agreement that was signed by the Village prior to May 21, 2008, and remains in effect, or are expressly permitted by a conditional use permit granted by the Village prior to May 21, 2008, that remains in effect, or have been in place since before December 31, 1993, provided that, in such event, the lighting must comply with all terms and conditions of the development agreement, conditional use permit, and laws as they existed at the time of such installation. In the event that this article and such prior approval, or such prior laws, have conflicting choice of law provisions, the more restrictive shall be required, as determined by the Village Plan Commission.
D. 
Athletic lighting. Height and shielding restrictions shall not apply to special outdoor athletic activities such as swimming pools, platform tennis or ice skating, provided that this exception only applies if:
(1) 
The property is not zoned or used for a single-family residential purpose; and
(2) 
Reasonable efforts are made to shield direct light rays using current manufacturer supplied equipment in a manner consistent with the lighting needs of the activity.
E. 
Governmental lighting. Outdoor light fixtures expressly required by the laws, codes, regulations, ordinances and lawful orders of the United States, the State of Wisconsin, the County of Milwaukee, or the Village of Fox Point, and agencies and departments thereof, for a duly authorized use in the Village of Fox Point, are excluded from the requirements of this article, but only to the extent that this article directly conflicts with such applicable laws.

§ 670-59 Violations and penalties.

Violations of this article are subject to the penalties described in § 1-4 of this Code. Each day of violation shall constitute a separate offense.