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Home My Public Portal AboutOrdinance 940 - Title 3 Amendment - Outdoor LightingORDINANCE NUMBER 940 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 14; AMENDING SECTION 3.14.03 APPLICABLITY TO CLARIFY CIRCUMSTANCES UPON WHICH EXISTING LIGHTING SHALL BE BROUGHT INTO CONFORMANCE, AND AMENDING SECTION 3.14.051 TYPE OF LUMINAIRES TO REMOVE EXPEMPTIONS FOR CERTAIN LUMINAIRE TYPES FROM THE OUTDOOR LIGHING REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application for approval of zoning ordinance amendments, pursuant to MCC 1- 1-3, was submitted by the City of McCall on November 24, 2015; and WHEREAS, the McCall Area Comprehensive Plan (2007) includes an objective to "Preserve the night sky. Support and enforce night sky ordinance;" and WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on January 5, 2016 to consider these proposed zoning ordinance amendments; and WHEREAS, at its January 5, 2016 meeting the McCall Area Planning and Zoning Commission recommended this proposed zoning ordinance amendment for approval by the McCall City Council and Valley County Board of Commissioners; and WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on February 11, 2016 to consider the proposed zoning ordinance amendments; and WHEREAS, the zoning ordinance amendments were approved by the McCall City Council at a regularly scheduled and properly noticed public meeting on February 11, 2016. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1: McCall City Code Title 3 Chapter 14 Section 03: APPLICABLITY is amended to read as follows: 3.14.03: APPLICABILITY: (A) New Lighting: All exterior lighting installed after the effective date of this chapter shall conform to the standards established by this chapter. (B) Existing Lighting: All existing exterior lighting installed before the effective date hereof shall be brought into conformance with this chapter, except section 3.14.052 of this chapter, .ithi, he fel ,.,,;,, ..;w.o pe .as as follows: Page 1 of 4 Ordinance 940 — Outdoor Lighting Code amendment February 11, 2016 1. All existing exterior lighting located on a subject property that is part of an application for a conditional use permit, subdivision approval, approval of a PUD, or a building permit is required to be brought into conformance with this chapter before issuance of a certificate of occupancy, final inspection or final plat recordation, when applicable. For other permits, the applicant shall have a maximum of thirty (30) days from date of permit issuance to bring the lighting into conformance. 2. All other existing exterior lighting on property used for commercial purposes that is within thirty six (36) months from the March 16, 2006, effective date hereof. semipublic uses, not affected by subsection (B)1 of this section that does not comply with this chapter is required to be brought into conformance with this chapter within twelve (12) months from the March 16, 2006, effective date hereof. 2. All other existing exterior lighting that is not in conformance with this chapter shall, when replaced for any reason, be brought into conformance with this chapter. Section 2: McCall City Code Title 3 Chapter 14 Section 051: TYPE OF LUMINAIRES is amended to read as follows: 3.14.051: TYPE OF LUMINARIES LUMINAIRES: All exterior lighting shall use full cutoff luminaries luminaires with the light source downcast and fully shielded, with the following exceptions: (A) Luminaries that have a maximum output of four hundred (100) lumens per fixture, regardless the luminaire has an opaque top or is under an opaque structure. (Sec figure 5 in section 3.11.09 of this chapter.) fA)(B-) Luminaries Luminaires that have a maximum output of one thousand (1,000) lumens per fixture, regardless of number of lamps (equal to one 60 watt incandescent light), the bulb is not visible, and the luminaire has an opaque top or is under an opaque structure. (See figure 3 in section 3.14.09 of this chapter.) (B)(C) Floodlights with external shielding shall be angled; provided, that no light is directed above a twenty five degree (25°) angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights of way (see figure 6 in section 3.14.09 of this chapter). Photocells with timers that allow a floodlight to go on at dusk and off by eleven o'clock (11:00) P.M. are encouraged. (C)(D) Residential holiday lighting from November 1 to February 1. Flashing holiday lights on residential properties are discouraged. Holiday lights are encouraged to be turned off by eleven o'clock (11:00) P.M. Page 2 of 4 Ordinance 940 — Outdoor Lighting Code amendment February 11, 2016 Commercial holiday lighting from November 1 to March 15. Holiday lights are encouraged to be controlled by timers. LEJ(F) Sensor activated luminafies luminaires shall be permitted, provided: 1. It is located in such a manner as to prevent glare and lighting onto properties of others or into a public right of way; 2. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased; 3. The luminaire shall not be triggered by activity off the property. 4. Full cut off luminaires are used with the light source downcast and fully shielded. (F)(G) Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services. no-) Up lighting for flags, provided the flag is of a government and the maximum lumen output is one thousand three hundred (1,300) lumens. Flags are encouraged to be taken down at sunset to avoid the need for lighting. FH,)(4) Lighting of radio, communication and navigation towers, provided the owner or occupant demonstrates that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this chapter. fl)(J) Airport lighting. Lighting at the McCall municipal airport, provided the owner or occupant demonstrates that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this chapter. , (K) Neon lights. Neon lights permitted pursuant to chapter 9, "Signs", of this title. L)(L) Luminaries Luminaires used for playing fields shall be exempt from the height restriction, provided all other provisions of this chapter are met and the light is used only while the field is in use. Section 3: Effective Date: This ordinance shall take effect and be in full force upon its passage, approval, and publication, and upon the adoption of a corresponding ordinance by the Board of Commissioners for Valley County, Idaho, and upon the publication of the same in accordance with Idaho law. Page 3 of 4 Ordinance 940 — Outdoor Lighting Code amendment February 11, 2016 PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 11 DAY OF FEBRUARY, 2016. Attest: By BessieJo Wagner, City Clerk STATE OF IDAHO, ) : ss: County of Valley ) Approved: By i A n J. Jackie J y Mayor On this /0? day of re4rt-Car , 2016, before me, a Notary Public, appeared JACKIE J. AYMON and BESSIEJO WAGNER, known, or identified to me to be the MAYOR and CITY CLERK, respectively, of CITY OF MCCALL that executed the said instrument, and acknowledged to me that they executed the same on behalf of THE CITY OF MCCALL. / �+ 6 .- )) l it y 1 d PUBIAC .C.' s _ 1b417E OF 1) r Ordinance 940 — Outdoor Lighting Code amendment February 11, 2016 Notary Public for Idaho Commission Expires: 2- `%a o/ 7 Page 4 of 4 A SUMMARY OF ORDINANCE NO.940 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 14; AMENDING SECTION 3.14.03 APPLICABILITY TO CLARIFY CIRCUMSTANCES UPON WHICH EXISTING LIGHTING SHALL BE BROUGHT INTO CONFORMANCE, AND AMENDING SECTION 3.14.051 TYPE OF LUMINARIES TO REMOVE EXEMPTIONS FOR CERTAIN LUMINAIRE TYPES FROM THE OUTDOOR LIGHTING REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of the Ordinance: • Amend the "dark sky" provisions of the McCall City Code to prohibit future installation of exterior light fixtures that have clear glass sides if the light bulb is also visible • Provide that sensor activated exterior lights must be fully shielded and aimed downward • Require that existing non -conforming exterior light fixtures can only be replaced with a fixture which complies with the code That the effective date of the Ordinance is upon its passage and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 11 DAY OF FEBRUARY, 2016. ATTEST: _ By 0-4 Alts, 404.ilentefiy. BessieJo Wagn��City CyI':, ; Ordinance 940 Summary 001U1.1101011 •.OF MSC11. �. 'r B * d O Approved: ACKIE J. ( M , Mayor ORDINANCE SUMMARY CERTIFICATION Ordinance No. 940 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 11 day of February, 2016. William F. Nic ols Publisher's Affidavit of Publication STATE OF IDAHO County of Valley }.SS I, Kim C. Drake, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began February 18, 2016 and ended February 18, 2016. Subscribed and sworn before me this the 18th day of February, 2016. STATE OF IDAHO COUNTY OF VALLEY On this 18th day of February in the year of 2016, before me, a Notary Public, personally appeared Kim C. Drake, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/18 A SUMMARY OF ORDINANCE NO.940 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3 CHAPTER 14; AMENDING SECTION 3.14.03 APPLICABILITY TO CLARIFY CIRCUMSTANCES UPON WHICH EXISTING LIGHTING SHALL BE BROUGHT INTO CONFORMANCE, AND AMENDING SECTION 3.14.051 TYPE OF LUMINARIES TO REMOVE EXEMPTIONS FOR CERTAIN LUMINAIRE TYPES FROM THE OUTDOOR LIGHTING REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of the Ordinance: ❑ Amend the "dark sky" provisions of the McCall City Code to prohibit future installation of exterior light fixtures that have clear glass sides if the light bulb is also visible ❑ Provide that sensor activated exterior lights must be fully shielded and aimed downward ❑ Require that existing non -conforming exterior light fixtures can only be replaced with a fixture which complies with the code That the effective date of the Ordinance is upon its passage and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 11 DAY OF FEBRUARY, 2016. Approved: By JACKIE J. AYMON, Mayor ATTEST: By BessieJo Wagner, City Clerk ltc2/18