[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 3-15-2010 by Ord. No.
2010-3 (Sec. 10.12 of the 1986 Town Code). Amendments
noted where applicable.]
This chapter shall be known as the "Town of Oconomowoc General
Lighting Ordinance."
The purpose of this chapter is protect our health, save energy
and preserve the beauty of the night skies; and to improve nighttime
public safety, utility and security by restricting the nighttime emission
of light rays which are the source of light trespass and/or unnecessary
glare, and/or detrimental to the safety and/or security of persons,
property or vehicular traffic, and/or are detrimental to the traditional
aesthetic values of the Town, and/or unnecessarily restrict persons
from the peaceful enjoyment of their property.
All outdoor illuminating devices shall be installed in conformance
with the provisions of this chapter, the Building Code,[1] the Electrical Code and the Sign Code[2] of the jurisdiction as applicable, and under appropriate
permit and inspection. The provisions of this chapter shall apply
to all existing and/or proposed outdoor illuminating devices installed,
replaced, altered, moved or repaired.
A.Â
New uses, buildings, additions or modifications. For all proposed
new land uses, developments, buildings and structures that require
a permit, all outdoor lighting fixtures shall meet the requirements
of this chapter.
B.Â
Resumption of use after abandonment. If a property or use with nonconforming
lighting is abandoned as defined below, then all outdoor lighting
shall be reviewed and brought into compliance with this chapter before
the use is resumed.
C.Â
Existing uses and buildings. After a period of two years from the
date of enactment of this chapter, any lighting in place prior to
the enactment date shall come under the provisions of this chapter.
All existing and new outdoor illuminating devices shall comply with
the provisions of this chapter within two years after the adoption
of this chapter, except as this applicability is specifically expanded
or reduced herein.
D.Â
Roadways. Municipal lighting for public roadways is exempt from the
provisions of this chapter.
A.Â
All outdoor lighting fixtures shall be fully shielded, full cut-off
and shall use low- or high-pressure sodium or equivalent lighting.
B.Â
All outdoor lighting fixtures shall be placed so as not to cause
light trespass or glare beyond the property boundary.
C.Â
All existing and new lighting for residential, except for low-wattage
solar lights needed on boat docks, shall be turned off when not needed
or no later than 11:00 p.m. Lights shall be on timers or motion detectors
to eliminate dusk to dawn lighting, especially on shorelines, driveways,
houses or other residential areas.
D.Â
Residential light poles shall not exceed eight feet.
E.Â
All lighting for commercial, industrial and other nonresidential
activities shall be extinguished between 11:00 p.m. (or when the business
closes, whichever is later) and sunrise. Security lighting for these
establishments shall conform to the other provisions of this chapter.
All lighting and/or luminaires associated with viable agricultural
operations shall be fully shielded and when the white light burns
out, lights shall be replaced with low- or high-pressure sodium luminaires
or a similar type of lighting.
F.Â
All light fixtures that are required to be shielded shall be installed
and maintained in such a manner that the shielding is effective as
described herein for fully shielded fixtures.
G.Â
Beyond the shielding requirements of this chapter, all light fixtures
shall be located, aimed or shielded so as to eliminate stray light
trespassing across property boundaries.
H.Â
Multiuse lighting must conform to the shielding and timing restrictions,
if any, that apply to the most restrictive included use.
I.Â
All luminaires mounted on or recessed into the lower surface of service
station canopies shall be fully shielded, full cut-off and utilize
flat lenses.
J.Â
Generally. All lighting shall conform to the lighting standards described
in this chapter.
A.Â
The purpose
of this chapter is to minimize light pollution of the shoreland environment
without significantly inhibiting safety and security. This chapter
applies to all lighting on berthing structures, piers or docks designed
to illuminate those structures. Light fixtures which do not conform
to these provisions may be allowed with a special use permit from
the Town Board upon a showing of special circumstances affecting safety,
security or general public interest. Nonconforming lighting in existence
on the effective date of this chapter must be brought into compliance
within two years. All shoreline lighting shall be fully shielded,
full cut-off low- or high-pressure sodium or equivalent lighting and
shall illuminate the dock/pier or berthing structure only and shall
not spill onto the water and/or surrounding property. Low-wattage
solar orange or amber lights are acceptable.
B.Â
Flashing and rotating lights are prohibited.
C.Â
Lighting inside a boathouse and intended to illuminate its interior
is permitted, but should be turned off when not in use.
A.Â
Submission contents. The applicant for any permit required by any
provision of the laws of this jurisdiction in connection with proposed
work involving outdoor lighting fixtures shall submit (as part of
the application for a permit) a lighting plan that complies with this
chapter. Even should no other such permit be required, the installation
or modification (except for routine servicing and same-type lamp replacement)
of any exterior lighting shall require submission of the information
described below. The submission 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 laws of
this jurisdiction upon application for the required permit:
(1)Â
Plans indicating the location on the premises of each illuminating
device, both proposed and any already existing on the site.
(2)Â
Description of all illuminating devices, fixtures, lamps, supports,
and reflectors, both proposed and existing. The description may include,
but is not limited to, catalog cuts and illustrations by manufacturers
(including sections where required).
(3)Â
Photometric data, such as that furnished by manufacturers, or similar
data showing the angle of cutoff of light emissions.
B.Â
Subdivision plats. If any subdivision developer proposes to have
installed any outdoor lighting, submission of the information as described
herein shall be required for all such lighting.
C.Â
Lamp or fixture substitution. Should any outdoor light fixture or
the type of light source therein be changed after the permit has been
issued, a change request must be submitted to the designated official
for approval, together with adequate information to assure compliance
with this chapter, which must be received prior to substitution.
D.Â
Plan review. If the designated official determines that the proposed
lighting does not comply with this chapter, the permit shall not be
issued or the plan approved.
A.Â
Flagpoles and other elevated objects, lighted. All state and national
flags, statues, entranceway markers, or other top-of-pole mounted
objects which cannot be illuminated with downward-directed lighting
may be used only in the form of one narrow-cone spotlights which confines
the illumination to the object of interest and provides that the lighting
is restricted to an angle of not less than 75° up from the horizontal.
B.Â
Holiday lighting. Holiday lighting is exempt from the provisions
of this chapter.
As used in this chapter, unless the context clearly indicates
otherwise, certain words and phrases shall mean the following:
Any residential, commercial, industrial or mixed-use subdivision
plan or development plan which is submitted to the Town for approval.
A lighting fixture constructed in such a manner that all
light emitted by the fixture, either directly from the lamp or a diffusing
element, or indirectly by reflection or refraction from any part of
the luminaire, is projected below the horizontal as determined by
photometric test or certified by the manufacturer. The lighting element
shall not be visible to the naked eye. Any structural part of the
light fixture providing this shielding must be permanently affixed.
A light ray emanating directly from a lamp, reflector or
lens such that it falls directly on the eye of the observer.
Any adverse effect of man-made light.
Light falling where it is not needed or wanted, typically
across property boundaries.
The complete lighting assembly, less the support assembly.
For purposes of determining total light output from a luminaire, lighting
assemblies which include multiple unshielded or partially shielded
lamps on a single pole or standard shall be considered as a single
unit.
Any outdoor lighting used for more than one purpose, such
as security and decoration.
Often used as a preventative and corrective measure against
intrusions and other criminal activity on a physical piece of property.
A specific form of lamp designed to direct its output in
a specific direction (a beam) and with a clear or nearly clear glass
envelope. Such lamps are so designated by the manufacturers and typically
used in residential outdoor area lighting.
Lighting which does not conform to the provisions of this
chapter and which will not be used for more than one thirty-day period
within a calendar year, with one thirty-day extension. Temporary lighting
is intended for uses which by their nature are of limited duration;
for example, holiday decorations, civic events or construction projects.
Permitting light to pass through but diffusing it so that
persons, objects, etc., on the opposite side are not clearly visible.
The relinquishment of a property or the cessation of a use
or activity by the owner or tenant for a period of six months, excluding
temporary or short-term interruptions for the purpose of remodeling,
maintaining or otherwise improving or rearranging a facility. A use
shall be deemed abandoned when such use is suspended as evidenced
by the cessation of activities or conditions which constitute the
principal use of the property.
A.Â
Violations. It shall be unlawful for any person to violate any provision
of this chapter or the Wisconsin Statutes. Each day that the violation
continues after notification of noncompliance shall constitute a separate
offense. The municipality may institute appropriate action or proceedings
to enjoin violations of this chapter or applicable Wisconsin Statutes.
B.Â
Penalties. Any person who violates any provision of this chapter shall be subject to penalties as provided in Chapter 1, General Provisions, Article I, of the Town Code, except that a minimum penalty for a first offense shall not be less than $100 and the minimum penalty for a second offense shall not be less than $200.
