AN ORDINANCE
REGULATING
OUTDOOR LIGHTING
FOR THE CITY OF
WHEREAS, the Planning Commission of
Eureka Springs, Arkansas, find it necessary to recommend amendments to the
Municipal Code from time to time in order to ensure consistent application and
enforcement of the code, and
WHEREAS, Resolution 551 regarding
The U.S. Mayors Climate Protection Agreement was adopted by unanimous vote
of the City Council of the City of
Eureka Springs, Ark., October 22, 2007; and
WHEREAS, the City of Eureka Springs
desires to protect the health, safety and welfare of the (residents, tourists,
motorists, pedestrians and) general public, and to protect the night sky that
adds to the quality of life and economic well being of the City; and
WHEREAS, these regulations will not sacrifice the safety of
our citizens or visitors, or the security of property, but instead will result
in safer, efficient, environmentally sustainable and more cost-effective
lighting.
NOW
THEREFORE,
be it hereby ordained by the City Council of the City of Eureka Springs,
Arkansas, that:
7.xx.01 Purpose
The
purpose of this ordinance for the City of Eureka Springs shall be:
a. to regulate
Outdoor Lighting on public and private property, including lighting installed
and maintained by public utility
companies.
b.
to help reduce energy waste in keeping with the goals of Resolution 551; and
c.
to minimize glare and over lighting that can result in: hazardous conditions
for all modes of transportation;
d.
to reduce atmospheric light pollution
7.xx.02 Exemptions
This
regulation shall not apply to:
a.
Incandescent outdoor lighting fixtures of one hundred (100) watts (1700 lumens)
or less; other light sources of four thousand (lumens ) or less.
b. Neon or fossil fuel lighting.
c. Outdoor lighting fixtures legally installed before
the effective date of this ordinance, unless the existing fixtures are moved or
replaced, or are determined to create a nuisance glare.
d. Navigational lighting systems at airports or other
lighting necessary for aircraft safety or other lighting regulated by the
Federal Aviation Administration.
e. Recreational or sports fields lighting fixtures, if
such lighting is extinguished within one (1) hour after the last use of the
facilities for the day.
f.
Flags displaying national, state, or local governmental bodies.
g. Lights that are controlled by a motion-sensor switch
and which do not remain on longer than 15 minutes after activation.
7.xx.03 Definitions
a.
"Outdoor lighting fixture" means an outdoor artificial illuminating
device, whether permanent or portable, used for illumination or advertisement,
whether for architectural lighting, parking lot lighting, landscape lighting,
sign lighting, billboard lighting, security lighting or street lighting
installed on public or private property.
b.
"Shielded" or "Hooded" means a fixture that is covered and
aimed downward so that light rays emitted by the fixture, either directly from
the lamp or indirectly from the fixture, are projected downward below a
horizontal plane running through the lowest point on the fixture where light is
emitted.
c.
"Nuisance Glare" means any direct light or glare that extends beyond
the property where the fixture is installed.
7.xx.04 Submittals
Applications
for building permits or applications for review by the City Planning
Commission, Historic District Commission or Parks Commission which include the
installation of outdoor lighting fixtures shall provide evidence of compliance
with the requirements of this ordinance. The submittal shall contain the
following information and shall be submitted as part of the site plan.
Outdoor
Lighting Plan.
a.
Plans indicating the location, type, and height of the luminaires including
both building and ground mounted fixtures;
b.
A description of the luminaires, including lamps, poles or supports and
shielding devices, which may be provided as catalog illustrations from the
manufacturer;
c.
Photometric data, lamp or bulb lumen ratings, diagrams and cut sheets, such as
that furnished by the manufacturer; and
d.
Any additional information as may be required by the City in order to
determine compliance with this Ordinance.
7.xx.05 Shielding – Prohibitions
a.
No outdoor lighting fixture may be installed, reinstalled or moved unless it is
shielded, hooded and aimed downward toward the ground surface.
b.
No outdoor lighting may be installed or maintained in a manner that shines,
reflects, or causes nuisance glare beyond the property where the fixture is
installed.
c.
No sag or drop lens lighting fixture may be installed under canopies or
overhangs. Examples of canopy fixtures are shown in the attached exhibit.
d.
No outdoor lighting fixture of any kind may be installed that exceeds forty-thousand
(40,000) lumens.
7.xx.06 Acceptable fixtures
Examples
of acceptable and unacceptable outdoor lighting fixtures and are shown in
Appendix A.
7.xx.07 Penalties
Violations
of this regulation are punishable by:
a.
A warning for a first offense; and
b.
A fine of not less than twenty-five ($25) and not more than one hundred dollars
($100.00) for a second or subsequent offense or for an offense that continues
for thirty (30) calendar days from the date of the warning.
7.xx.08 Enforcement
This
Ordinance shall be enforced by the Building Official or other official
designated by the City.
7.xx.09. Severability
All
Ordinances or Resolutions, and parts thereof, in conflict with this Ordinance
are hereby repealed to the extent of such conflict, unless other provisions
regulating outdoor lighting are more stringent than the provisions of this
Ordinance. In the event any one or more of the provision contained in
this Ordinance shall for any reason be held by a Court of competent
jurisdiction to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect the remaining
provisions of this Ordinance, and this Ordinance shall be construed as if such
invalid, illegal or unenforceable provision or provisions had never been
contained herein.