ORDINANCE NO. __3529__

AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY ENACTING A NEW DIVISION IX, SECTIONS 29.901 - 29.912,
TO THE ZONING ORDINANCE TO REGULATE OUTDOOR
LIGHTING; REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDAINACES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY: AND ESTABISHING AN EFFECTIVE DATE.

BE IT ENACTED, by the City Council of the City of Ames, Iowa, that:

Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Division IX, Sections 29.901 - 29.912, of the Zoning Ordinance as follows:

*Sec. 29.901. Outdoor Lighting Code.

The provisions of Division IX, Division IX, Sections 29.901 - 29.912, of the Zoning Ordinance may be referred to as the Outdoor Lighting Code. These regulations are intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare, minimize light trespass, and help reduce the energy and financial cost of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the City of Ames, Iowa.

All business, residential, and community driveway, sidewalk, and property luminaires should be installed with the idea of being a "good neighbor", with attempts to keep unnecessary direct light from shining into abutting properties or streets. A purpose of the Outdoor Lighting Code is to set standards for outdoor lighting so that its use does not interfere with the reasonable use and enjoyment of property within the City. It is an intent of the Outdoor Lighting Code to encourage lighting practices that will reduce light pollution by reducing up-light, glare, and over lighting.

Sec. 29.902. Definitions. For the purposes of Sections 29.901 - 29.912, terms used shall be defined as follows:

(1) Direct Light: Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminarie.

(2) Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket of pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor of lens.

(3) Fully-shielded lights: outdoor light fixtures shielded or constructed so that on light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.

(4) Glare: Direct light emitted from a luminaire with an intensity great enough to cause visual discomfort, eye fatigue, a reduction in a viewer's ability to see, or in extreme cases momentary blindness.

(5) Grandfathered luminaires: Luminaires not conforming to this Outdoor Lighting Code that were in place at the time this Outdoor Lighting Code went into effect.

(6) Lamp: The component of a luminaire that produces the actual light.

(7) Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

(8) Lumen: A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of these regulations, the lumen-output values shall be the initial lumen output ratings of a lamp.

(9) Luminaire: This is a complete lighting system, and includes a lamp or lamps and a fixture.

(10) Outdoor Lighting: The night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

Sec. 29.903. REGULATIONS.

All public and private outdoor lighting installed in the City of Ames, Iowa shall be in conformance with the requirements established by the Outdoor Lighting Code.

Sec. 29.904. CONTROL OF GLARE - LUMINAIRE DESIGN FACTORS.

(1) Any luminaire with a lamp rated at more that 1800 lumens shall not emit, in its installed position, any direct light above a horizontal plane through the lowest direct light emitting part of the luminaire.

(2) Any luminaire with a lamp rated at more than 1800 lumens, shall not emit in its installed position any more than 5% of its total light output in the zone from 15 degrees below the horizontal to the horizontal plane through the lowest direct light emitting part of the luminaire.

Sec. 29.905. EXCEPTIONS TO CONTROL OF GLARE.

(1) Any lighting source producing 1800 lumens or less shall be exempt from the Outdoor Lighting Code.

(2) All temporary emergency lighting needed by the Police or Fire Departments of other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of the Outdoor Lighting Code.

(3) All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of the Outdoor Lighting Code.

(4) A building or structure that has been designated for historic preservation by the City of Ames, State of Iowa, or the National Park Service, shall be exempt from the "fully shielded" requirements, if an historic restoration cannot be achieved by other means.

Sec. 29.906. OUTDOOR ADVERTISING SIGNS.

(1) Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of Section

29.904. An exception to this requirement may be allowed for ground mounted, monument signs. Ground mounted, monument signs may be illuminated with a ground mounted or a bottom mounted lighting fixture, provided that the light output shall be directed totally to the monument sign surface to prevent up-lighting and glare.

(2) Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark Backgrounds with light lettering or symbols are preferred, to minimize detrimental effects.

(3) Electrical illumination of outdoor advertising off-site signs between the hours of 10:00 p.m. and 6:00 a.m., shall only be done by means of lights directed downward.

Sec. 29.907. RECREATIONAL FACILITIES

Lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, special event or show areas, shall meet the following conditions:

(1) All fixtures used for such lighting shall be fully shielded as defined in Section 29.902(4), or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.

(2) Illumination of the playing field, court, track, or event site, after midnight is prohibited except to conclude a scheduled event hat was scheduled to be completed before 11:00 p.m. that circumstances prevented concluding before 11:00 p.m.

Sec. 29.908. PROBITIONS

(1) Laser Source Light. The user of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.

(2) Towers. Lighting on towers is prohibited except as required by regulations of the Federal Aviation Administration.

(3) Searchlights. The operation of searchlights for advertising purposes is prohibited.

Sec. 29.909. GRANDFATHERING OF NONCOMFORMING LUMINAIRES

Luminaires lawfully in place prior to the effective date of the Outdoor Lighting Code shall be grandfathered. Such grandfathered luminaires may be replaced with a like kind of luminaire unless more than 50 percent of the like kind of luminaires on the same premises are being replaced. In such case all the replacement luminaires on the premises shall meet the standards of the Outdoor Lighting Code.

Sec. 29.9010. DEVELOPMENT PERMITS

(1) Submission Contents. The applicant for any permit or site plan approval required by any provision of the ordinances of this city involving outdoor lighting fixtures shall submit (as part of the application for site plan approval or a permit) evidence that the proposed work or activity will comply with the Outdoor Lighting Code. Specifically, the application of submission shall include:

(a) plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices:

(b) a detailed description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices. The description shall include manufacturer's catalog cuts and drawings, including sections when requested;

(2) Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily determine whether compliance with the requirements of the Outdoor Lighting Code will be secured. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature of configuration of the devices, fixtures, or lamps proposed, 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.

(3) 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 official for approval, together with adequate information to assure compliance with this code, which must be received prior to substitution.

Sec. 29.9011. LIGHT TRESPASS

All nonexempt outdoor lighting fixtures shall be designed, installed, and maintained to prevent light trespass. Outdoor lighting fixtures shall be installed and thereafter maintained so as not to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby property or nearby land. If such conditions should occur, the luminaire shall be redirected or its light output shall be controlled as necessary to eliminate such condition.

Sec. 29.912. PENALITIES

(1) Violation. It shall be a municipal infraction for any person to violate any of the previsions of the Outdoor Lighting Code. Each and every day during which the violation continues shall constitute a separate offense.

(2) Violations and Legal Actions: If, after investigation, the City finds that any provision of the Outdoor Lighting Code is being violated, the City shall give written notice of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within one hundred twenty (120) days of the date of the written notice. If the violation is not abated within the one hundred twenty day period, the City shall institute actions and proceedings, to enjoin, restrain, or abate any violations of the Outdoor Lighting Code and to collect the penalties for such violations.

(3) Penalties: A violation of the Outdoor Lighting Code, or any provision thereof, shall be punishable by a civil penalty of $500 for a person's first violation thereof, and a penalty of $750 for each repeat violation. Each day, after the expiration of the one hundred twenty day period provided in paragraph (2) above, that a violation occurs, or is permitted to exist, constitutes a separate violation for the purpose of the civil penalty.

Section Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any.

Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law.

Passed this ______14th______ day of _________July_________________, 1999.

_____________________________ _________________________________

Dian R. Voss, City Clerk Ted Tedesco, Mayor

0506

Rev. 6/1/99