[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds 11-9-2005 by Ord. No. A-182 (Ch. 28 of the 2001
Village Code). Amendments noted where applicable.]
This chapter may be known and referred to as "Dark Sky Ordinance"
or the "Exterior Lighting Ordinance."
It is the intent of this chapter to define practical and effective
measures by which the obtrusive aspects of excessive and/or careless
outdoor light usage can be minimized, while preserving safety, security
and the nighttime use and enjoyment of property. These measures will
curtail the degradation of the nighttime visual environment by encouraging
lighting practices that direct appropriate amounts of light where
and when it is needed, increasing the use of energy efficient sources,
and decreasing the wastage of light and glare resulting from over-lighting
and poorly shielded or inappropriately directed lighting fixtures.
All outdoor illuminating devices shall be installed in conformance
with all other provisions of the Blue Mounds Village Code, including
but not limited to the Building Code[1] and the Electrical Code, where applicable.
A.
New uses, buildings and major additions or modifications. For all
proposed new land uses, developments, buildings, and structures that
require any Village permit, all outdoor lighting fixtures shall meet
the requirements of this chapter. Whenever any building additions
or modifications of 25% or more in terms of additional dwelling units,
gross floor area, or parking spaces, either with a single addition
or with cumulative additions, occurs subsequent to the effective date
of this chapter, the entire property shall be required to comply with
the requirements of this chapter. Cumulative modification or replacement
of outdoor lighting constituting 25% or more of the permitted lumens
for the parcel, no matter the actual amount of lighting already on
a nonconforming site, shall constitute a major addition for purposes
of this section.
B.
Minor additions. Additions or modifications of less than 25% of the existing uses ("minor addition"), as defined in Subsection A above, and that require any permit, shall also require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting. Any new lighting on the site shall meet the requirements of this chapter with regard to shielding and lamp type. The total outdoor light output after the modifications are complete shall not exceed that on the site before the modification, or that permitted by this chapter, whichever is larger.
C.
Residential fixtures. Any light fixtures 2,000 lumens and over, any
outdoor light fixtures above the eave, or any light fixture attached
to buildings or poles separate from the residence must comply with
the provisions of this chapter. Outdoor light fixtures that are attached
to residential buildings, located below the eave, and less than 2,000
lumens are exempt from the provisions of this chapter. Residential
spot or floodlights shall be fully shielded and directed no more than
45° above straight down. The acceptability and shielding restrictions
applicable to a particular lamp are decided by its initial lumen output,
not wattage; check manufacturer's specifications. Examples of
lamp types of 2,000 lumens and less are:
D.
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.
E.
Existing uses and buildings; nonconformance and compliance. Unless
otherwise provided in this chapter, after a period of three years
from the date of enactment of this chapter, any lighting in place
prior to the enactment date shall be brought into full compliance
with the requirements of this chapter. If any lighting or light fixture
changes use, lamp type, lamps, or bulbs or there is any replacement
or structural alteration made to the lighting or light fixture prior
to the three-year compliance deadline, then such lighting or light
fixtures shall immediately be brought into full compliance with the
requirements of this chapter.
F.
Roadways. Lighting for public roadways is exempt from the provisions
of this chapter, except that:
(1)
Any outdoor lighting for newly constructed Village roads or private
roads shall comply with this chapter;
(2)
Any existing outdoor road lighting on Village roads that is repaired
or replaced shall comply with this chapter.
(3)
The lumen limit and preferred lighting equipment for public roadways
shall be established by resolution of the Village Board, and public
roadway lighting shall comply with such resolution requirements.
A.
All nonexempt outdoor lighting fixtures shall be fully shielded.
B.
All nonexempt outdoor lighting fixtures shall be placed so as to
not cause light trespass or light glare.
C.
All nonexempt outdoor lighting fixtures shall be of a type and placed
so as to not allow any light above the horizontal, as measured at
the luminaire.
D.
Flood or spot lamps must be aimed no higher than 45° above straight
down (halfway between straight down and straight to the side) when
the source is visible from any off-site residential property or public
roadway.
E.
All lighting for commercial, industrial and any other nonresidential
use shall be extinguished between 11:00 p.m. (or when the business
closes, whichever is later) and sunrise.
F.
Any lamp installed on a residential property must be shielded such
that the lamp is not directly visible from any other residential property.
G.
Each residential single-family detached home or duplex is allowed
up to 5,500 total lumens per property. Commercial/industrial or business
uses shall not exceed 70,000 lumens per property.
H.
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.
I.
Beyond the shielding requirements of this chapter, all light fixtures
shall be located, aimed or shielded so as to minimize stray light
trespassing across property boundaries. Particularly, any lamp installed
on a residential property and visible from any other residential property
must be shielded such that it is not directly visible from that property.
J.
Multiuse lighting must conform to the shielding and timing restrictions,
if any, that apply to the most restrictive included use.
A.
Externally illuminated and neon signs. External illumination for
signs shall conform to all provisions of this chapter. All upward-directed
sign lighting, meaning lighting directed above the horizontal plan
of the luminary, is prohibited.
B.
Internally illuminated and neon signs.
(1)
Outdoor internally illuminated advertising signs must either be constructed
with an opaque background and translucent text and symbols, or with
a colored (not white, off-white, light gray, cream or yellow) background
and generally lighter text and symbols. Lamps used for internal illumination
of such signs shall not be counted toward the lumen cap.
(2)
Neon signs shall be treated as internally illuminated signs for the
purposes of this chapter, and shall not have their luminous outputs
counted toward the lumen cap. Neon lighting extending beyond the area
considered to be the sign area shall conform to all provisions of
this chapter, be treated as decorative lighting, and shall conform
to the lumen cap.
(3)
Other internally illuminated panels or decorations not considered
to be signage shall be considered decorative lighting, and shall be
subject to the standards applicable for such lighting, including but
not limited to the lamp source, shielding standards and lumens per
property cap.
C.
Illuminated sign curfews. Illumination for all advertising signs,
both externally and internally illuminated, shall be turned off at
the curfew times listed herein or when the business closes, whichever
is later. Signs subject to curfews are required to have functioning
and properly adjusted automatic shutoff timers. Light background (white,
off-white, light gray, cream or yellow) internally illuminated signs,
installed legally before enactment of this chapter, may continue to
be used and illuminated but must conform to the curfews as indicated
below.
|
Sign Type and Land Use Zone
|
Time
| ||
|---|---|---|---|
|
Commercial and industrial zoning:
| |||
|
Opaque background
|
12:00 a.m.
| ||
|
Colored background
|
12:00 a.m.
| ||
|
Light background
|
10:00 p.m.
| ||
|
All residential zoning:
| |||
|
Opaque background
|
11:00 p.m.
| ||
|
Colored background
|
11:00 p.m.
| ||
|
Light background
|
8:00 p.m.
| ||
D.
Nonconformance of existing outdoor advertising signs.
(1)
Bottom-mounted or unshielded outdoor advertising sign lighting shall
not be used beginning three years after enactment of this chapter.
(2)
All other outdoor advertising sign light fixtures lawfully installed
prior to and operable on the effective date of this chapter shall
be brought into full compliance with the requirements of this chapter
within three years of its enactment.
(3)
If any outdoor advertising sign or light fixture thereon changes its use, lamp type, fixtures, lamps, or bulbs, or there is any replacement or structural alteration made prior to the compliance deadline set forth in Subsection D(2) above, the advertising sign and light fixtures thereon shall immediately be brought into full compliance with the requirements of this chapter. Further, if the property is abandoned, or if there is a change in use of the property, the provisions of this chapter will apply when the abandonment ceases or the new use commences.
A.
Recreational facilities. (RESERVED)
B.
Outdoor display lots.
(1)
Lumens exemption. Lighting for display lots shall be exempt from
the lumens-per-property limits of this chapter.
(2)
Shielding. All display lot lighting shall utilize fully shielded
luminaires that are installed in a fashion that maintains the fully
shielded characteristics.
(3)
Illuminance. The display lot shall be designed to achieve no greater
than the minimal illuminance levels for the activity as recommended
by the Illuminating Engineering Society of North America (IESNA).
(4)
Off-site spill. The display lot shall limit off-site spill (off the
parcel containing the display lot) to a maximum of five lux (0.5 footcandle)
at any location on any nonresidential property, and 0.5 lux (0.05
footcandle) at any location on any residential property, as measurable
from any orientation of the measuring device.
(5)
Certification. Every display lot lighting system design and installation
shall be certified by a registered engineer as conforming to all applicable
restrictions of this chapter.
(6)
Curfew. Display lot lighting exceeding the lumens-per-property cap
of this chapter shall be turned off no later than 11:00 p.m., or within
30 minutes after closing of the business, whichever is later. Lighting
in the display lot after this time shall conform to all applicable
restrictions of this chapter, including the lumens cap in this chapter.
C.
Service station canopies.
(1)
Shielding. All luminaires mounted on or recessed into the lower surface
of service station canopies shall be fully shielded and utilize flat
lenses.
(2)
Total under-canopy output. The total light output used for illuminating
service station canopies, defined as the sum of all under-canopy initial
bare-lamp outputs in lumens, shall not exceed 215 lumens per square
meter (20 lumens per square foot). Any luminaries mounted on the lower
surface or recessed into the lower surface of the canopy and any lighting
within signage or illuminated panels over the pumps, is to be included
toward the total at full initial lumen output. Other lighting located
under a canopy but not mounted on or within the lower surface is also
included toward the lumen caps at full initial lumen output.
(3)
Certification. Every service station canopy lighting system design
and installation shall be certified by a registered engineer as conforming
to all applicable restrictions of this chapter.
(4)
Off-site spill. (RESERVED)
D.
Generally. All lighting not directly associated with the special
use areas above shall conform to the lighting standards described
in this chapter, including but not limited to the lamp type and shielding
requirements and the lumens limits.
A.
Submission contents. The applicant for any building permit required
by the Village shall submit (as part of the application for permit)
evidence that the proposed work will comply with this chapter. 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 Village Code:
(1)
Plans indicating the location on the premises of each illuminating
device, both proposed and any already existing on the site;
(2)
Description of all illuminating devices, fixtures, lamps, supports,
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)
Photometric data, such as that furnished by manufacturers, or similar
showing the angle of cutoff of light emissions;
(4)
A lighting plan review fee, which fee shall be set by resolution
of the Village Board.
B.
Additional submission. The above required plans, descriptions and
data shall be sufficiently complete to enable the Building Inspector
to readily determine whether compliance with the requirements of this
chapter will be secured. If such plans, descriptions and data cannot
enable this ready determination, the applicant shall additionally
submit as evidence of compliance to enable such determination such
certified reports of tests as will do so, provided that these tests
shall have been performed and certified by a recognized testing laboratory.
C.
Subdivision plats. If any subdivision proposes to have installed
street or other common or public area outdoor lighting, submission
of the information as described herein shall be required for all such
lighting.
D.
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 Building Inspector
for approval, together with adequate information to assure compliance
with this chapter, which must be received prior to substitution.
E.
Plan review. The plans shall be reviewed by the Building Inspector.
If the Building Inspector determines that the proposed lighting does
not comply with this chapter, the permit shall not be issued or the
plan approved.
F.
Certification. For all projects where the total initial output of
the proposed lighting equals or exceeds 50,000 lamp lumens, certification
that the lighting, as installed, conforms to the approved plans shall
be provided by a certified engineer, or other professional acceptable
to the Village, before the certificate of occupancy is issued. Until
this certification is submitted, approval for use of a certificate
of occupancy shall not be issued for the project.
A.
Laser source light. The use of laser source light or any similar
high-intensity light for outdoor advertising or entertainment, when
projected above the horizontal, is prohibited.
B.
Searchlights. The operation of searchlights for advertising purposes
is prohibited.
C.
Outdoor advertising off-site signs. Illumination of outdoor advertising
off-site signs is prohibited.
A.
Request; renewal; information required. Any person may submit, on
a form prepared by the Village, to the Village Clerk/Treasurer, a
temporary exemption request. The request shall contain the following
information:
(1)
Specific ordinance exemption(s) requested;
(2)
Duration of requested exemption(s);
(3)
Proposed location on premises of the proposed light fixture(s);
(4)
Purpose of the proposed lighting;
(5)
Information for each luminaire and lamp combination as required herein;
(6)
Previous temporary exemptions, if any, and addresses of premises
thereunder;
(7)
Such other data and information as may be required by the designated
official.
B.
Approval; duration. The designated official shall have five business
days from the date of submission of the request for temporary exemption
to act, in writing, on the request. If approved, the exemption shall
be valid for not more than 30 days from the date of issuance of the
approval. The approval shall be renewable upon further written request,
at the discretion of the designated official, for a maximum of one
additional thirty-day period. The designated official is not authorized
to grant more than one temporary permit and one renewal for a thirty-day
period for the same property within one calendar year.
A.
State and federal facilities. Compliance with the intent of this
chapter at all state and federal facilities is encouraged, but not
required.
B.
Emergency lighting. Emergency lighting, used by police, firefighting,
or medical personnel, or at their direction, is exempt from all requirements
of this chapter for as long as the emergency exists.
C.
Swimming pool and fountain lighting. Underwater lighting used for
the illumination of swimming pools and fountains is exempt from the
lamp type and shielding standards provided herein, though it must
conform to all other provisions of this chapter.
D.
Flags, lighted. United States and State of Wisconsin flags are exempt
from the provisions of this chapter. All other outdoor lighted flags,
such as, but not limited to, decorative and commercial flags shall
conform to the provisions of this chapter.
E.
Holiday lighting. Holiday lighting is exempt from the provisions
of this chapter from November 10 until January 30 of the following
year.
F.
Towers. Legally required safety lighting for towers shall be exempt
from this chapter.
G.
Airfields and airports. These facilities, both commercial and noncommercial,
shall be exempt from the provisions of this chapter where lighting
is used for air safety reasons. All other lighting shall conform to
this chapter.
[Added 11-14-2018 by Ord.
No. A-238]
A.
The
Village Board may allow exemptions from this chapter as needed to
relieve any unusual circumstances or difficulties or costs that would
be encountered if an attempt were made to comply with this chapter.
B.
The
Village Board may allow exemptions from this chapter to recognize
that a good faith attempt has been made to comply with this chapter,
but compliance is still not possible due to unusual circumstances
or difficulties or costs encountered.
A.
Violations. It shall be unlawful for any person to violate any provision
of this chapter. Each and every day or night during which the violation
continues shall constitute a separate offense. The Village may institute
appropriate action or proceedings to enjoin violations of this chapter
or applicable Wisconsin Statutes. The Village Department of Public
Works and Police Department personnel are required and authorized
to enforce all provisions of this chapter, including the power to
issue municipal citations for any violations.
B.
Penalties. Any person who fails to comply with the provisions of
this chapter shall, upon conviction thereof, forfeit no less than
$100 nor more than $500, and also pay the costs of prosecution for
each violation, including the Village's reasonable and actual
attorney fees and disbursements incurred in the prosecution of such
violations.
As used in this chapter, unless the context clearly indicates
otherwise, certain words and phrases used in this chapter shall mean
the following:
Illumination resulting from light emitted directly from a
lamp or luminaire, not light diffused through translucent signs or
reflected from other surfaces such as the ground or building faces.
Outdoor areas where active nighttime sales activity occurs,
and where accurate color perception of merchandise by customers is
required. To qualify as a display lot, one of the following specific
uses must occur: automobile sales, boat sales, tractor sales, building
supply sales, gardening or nursery sales, assembly lots, swap meets.
Uses not on this list must be approved as display lot uses by the
Plan Commission.
A specific form of lamp designed to direct its output in
a specific direction (a beam) but with a diffusing glass envelope.
Such lamps are so designated by the manufacturers and are typically
used in residential outdoor area lighting.
One lumen per square foot. Unit of illuminance. It is the
luminous flux per unit area in the Imperial system. One footcandle
equals approximately 0.1 (0.093) lux.
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. Any structural
part of the light fixture providing this shielding must be permanently
affixed.
The sensation produced by a bright source within the visual
field that is sufficiently brighter than the level to which the eyes
are adapted to cause annoyance, discomfort, or loss in visual performance
and visibility. The magnitude of glare depends on such factors as
the size, position, brightness of the source, and on this brightness
level to which the eyes are adapted.
The attachment, or assembly fixed in place, whether or not
connected to a power source, of any outdoor light fixture.
Light falling across property boundaries.
Unit of luminous flux; used to measure the amount of light
emitted by lamps.
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.
One lumen per square meter. Unit of illuminance. It is the
luminous flux per unit area in the metric system. One lux equals approximately
10 (10.8) footcandles.
Any outdoor lighting used for more than one purpose, such
as security and decoration.
"Opaque" means that a material does not transmit light from
an internal illumination source. Applied to sign backgrounds, means
that the area surrounding any letters or symbols on the sign either
is not lighted from within, or allows no light from an internal source
to shine through it.
An outdoor illuminating device, outdoor lighting or reflective
surface, lamp or similar device, permanently installed or portable,
used for illumination or advertisement. Such devices shall include,
but are not limited to lights used for:
The maximum total amount of light, measured in lumens, from
all outdoor light fixtures. For lamp types that vary in their output
as they age (such as high-pressure sodium, fluorescent and metal halide),
the initial output, as defined by the manufacturer, is the value to
be considered. For determining compliance with the total outdoor light
output of this chapter, the light emitted from outdoor light fixtures
is to be included in the total output as follows:
Outdoor light fixtures installed on poles (such as parking lot
luminaires) and light fixtures installed on the side of buildings
or other structures, when not shielded from above by the structure
itself as defined below, are to be included in the total outdoor light
output by simply adding the initial lumen outputs of the lamps used;
Outdoor light fixtures installed under canopies, buildings (including
parking garage decks), overhangs or roof eaves where all parts of
the lamp or luminaire are located at least five feet but less than
10 feet from the nearest edge of the canopy or overhang are to be
included in the total outdoor light output as though they produced
only one-quarter of the lamp's rated initial lumen output;
Outdoor light fixtures installed under canopies, buildings (including
parking garage decks), overhangs or roof eaves where all parts of
the lamp or luminaire are located at least 10 feet but less than 30
feet from the nearest edge of the canopy or overhang are to be included
in the total outdoor light output as though they produced only 1/10
of the lamp's rated initial lumen output.
Outdoor light fixtures installed under canopies, buildings (including
parking garage decks), overhangs or roof eaves where all parts of
the lamp or luminaire are located 30 or more feet from the nearest
edge of the canopy or overhang are not to be included in the total
outdoor light output. Such lamps must, however, conform to the lamp
source and shielding requirements of this chapter.
An area designed for active recreation, whether publicly
or privately owned, including, but not limited to, baseball diamonds,
soccer and football fields, golf courses, tennis courts and swimming
pools.
Any individual, tenant, lessee, owner, or any commercial
entity including, but not limited to firm, business, partnership,
joint venture or corporation.
A sign illuminated by light sources from the outside.
A sign illuminated by light sources enclosed entirely within
the sign cabinet and not directly visible from outside the sign.
A sign including luminous gas-filled tubes formed into text,
symbols or decorative elements and directly visible from outside the
sign cabinet.
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
principle use of the property.
