111721 TA2018001 BOS REPORT_PART4.PDF
Extracted text (via pymupdf)
109344 characters
From:
Rolf Jansen
To:
Rachel Applegate (PND)
Subject:
Re: June 17, 2021 Planning & Zoning Commission Hearing - Interest in Speaking
Date:
Wednesday, June 16, 2021 1:03:06 PM
Attachments:
image001.png
image002.png
MAG_olc+guide_draft2011-09-08.pdf
EVACtalk_jansen2011-04-15.pdf
Hi Rachel,
I have interest in the Planning & Zoning Commission or ZIPPOR
meeting,
Case number – TA2018001/Off-site advertising signs
(billboards).
My name and contact information:
Rolf A. Jansen
839 W 14th Street, Tempe, AZ 85281
rolfjansen.work@gmail.com
480-968-6739
Identity: other
I wish to register my *opposition* to the proposed TA, both
privately
as a resident of Maricopa County and professionally as an
observational
astronomer.
As a resident over 50 years of age, apart from the horrible
aesthetics
and loss of the enjoyment of the night sky presented by these
digital
billboards, I am experiencing more hindrance from the glare of
these
signs, which are prominently visible for miles before they are
readable.
By their very nature and design, these billboards aim to
distract
drivers to present messaging that serves no public purpose, nor
information relevant for drivers safety and navigation.
Even the best baffled digital billboards emit 30% of their
total light
output above the horizontal. As a professional astronomer using
several
of the largest telescopes in Arizona, I directly experience the
detrimental effects of this worst kind of wasted light, which
is
scattered in the atmosphere and reflected by even very thin
cirrus and
haze. It greatly increases the prominence of the light dome of
the
Phoenix metropolitan area. That light dome is visible to
distances
greater than 120 miles, even when partially shielded by
intervening
mountain ranges, and raises the brightness of the sky above the
natural
level. Astronomy, Planetary Sciences and Space Sciences
represent a
capital investment in the Arizona economy in excess of $1
billion
(according to a 2007 study by the Eller College of Management
of the
University of Arizona), and stargazing nets in excess of $250
million
a year (Arizona Republic, January 17 2008). Arizona hosts the
largest
optical telescope in the world (the twin 27.6 foot Large
Binocular
Telescope atop Mt.Graham), and this and other large
astronomical
observing facilities bring in both federal and international
funding
to Arizona.
I do not wish to speak, but am available to speak if the
Commission so
desires. I have been involved in the past (2008-2011) in the
Maricopa
County Association of Governments process to arrive at an
updated
pattern outdoor lighting code, which resulted in a draft
resource guide
and report developed by the MAG Dark Sky Stakeholders Group
(attached).
That report specifically calls out for a maximum brightness of
100 nits
for digital billboards (page 10) and suggested standards
detailed (in
Section 5.2, on page 18 and page 38), and references therein
(page 41).
Last, I attach for your consideration the slides of a public
talk that
I gave back in 2011, and which summarizes many of these issues.
Thanks,
Rolf
------------------------------------------------------------------------
Dr. Rolf A. Jansen Research Scientist
Extragalactic Astronomy & Cosmology
School of Earth & Space Exploration tel: (none)
Arizona State University fax: (+1)480 965 8960
550 E. Tyler Mall, Room PSF-686 email: Rolf.Jansen@asu.edu
P.O. Box 871404 rolfjansen.work@gmail.com
TEMPE AZ 85287-1404 URL: www.public.asu.edu/~rjansen
** my working hours may vary from yours -- please do not respond outside
of your own working hours **
------------------------------------------------------------------------
On Wed, Jun 16, 2021 at 8:06 AM Rachel Applegate (PND)
<Rachel.Applegate@maricopa.gov> wrote:
Thank you for registering attendance for the June 17, 2021 Planning & Zoning Commission
hearing and ZIPPOR meeting with GoToWebinar.
As follow up to attendance for the virtual public hearing and ZIPPOR meeting, please let me
know the following information to relay to the Chairman your interest in a planning case and
if you would like to speak during the hearing or meeting.
Please response with the following information if you are interested in speaking during the
hearing:
Interest in the Planning & Zoning Commission or ZIPPOR meeting
Case number / Project name
§ Your name, address, e-mail and phone number
§ Identify yourself as applicant / applicant representative / other
§ Indicate support or opposition
§ Indicate if you wish to speak or do not wish to speak
Public Hearing – Gotowebinar User Guide (Registration – Audio – Chat)
https://www.maricopa.gov/DocumentCenter/View/62323/Gotowebinar-User-Guide---
Maricopa-County-published-8-17-20?bidId=
Thank you,
Rachel Applegate
Senior Planner
Maricopa County Planning & Development
Department
301 W. Jefferson St., Suite 170, Phoenix, AZ
85003
Desk: 602-372-0318
Rachel.Applegate@maricopa.gov
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.
Considerations for Outdoor
Lighting in the MAG Region
A Resource Guide and Report
Developed by the MAG Dark
Sky Stakeholders Group
Maricopa Association of Governments
2011
2
Foreword
As the council of governments and metropolitan planning organization for the Phoenix
metropolitan region, the Maricopa Association of Governments (MAG) was identified as a
place for discussion by the astronomy community for possible options to be considered in
managing light and light pollution. A discussion and process that started in late 2008 has taken
place that has seen the development of a Pattern Outdoor Lighting Code (POLC) which is
contained in this document.
As with many issues associated with growth, this discussion and effort has not been without
contention. On one hand, the MAG region has experienced tremendous population growth
in recent decades. However, more recently the MAG region has and continues to experience
a significant economic downturn. Planning for existing and future growth, while preserving
existing economic interests and positioning the region for new economic opportunities has
been a challenge.
In October 2010, representatives of the private sector expressed concerns to the MAG
Management Committee about the potential regional economic impact of the POLC. At that
time, MAG staff was directed to work with private sector representatives to address their
issues with the POLC. From November 2010 to May 2011, private sector representatives
have participated in five MAG Dark Sky Stakeholders meetings in addition to a number of side
conversations with MAG staff. Discussion was often spirited at these meetings and limited
compromise was found between the astronomy community and private sector
representatives regarding the POLC.
This resource guide and report includes a Pattern Outdoor Lighting Code to interested MAG
member agencies who may or may not adopt the provisions in whole or in part as necessary
for their jurisdiction. MAG is not an enforcement agency, as such, the POLC is not for
implementation by MAG.
The Maricopa Association of Governments (MAG) would like to thank all involved in the
development of this resource guide and report, including but not limited to: MAG Dark Sky
Stakeholders Group participants, MAG member agency representatives, the Arizona
astronomy community, private sector representatives, and citizens.
3
Table of Contents
Foreword
2
Table of Contents
3
Frequently Asked Questions
4
Pattern Outdoor Lighting Code for the MAG Region
11
Pattern Outdoor Lighting Code – Technical Basis and Background
33
Appendix
41
Letters from Interested Parties
xx
MAG DSSG Participants and Interested Parties - Contact List
xx
Internet Resources
xx
4
Frequently Asked Questions (FAQ)
What is MAG?
The Maricopa Association of Governments (MAG) is a Council of Governments (COG) that
serves as the regional agency for the metro Phoenix area. When MAG was formed in 1967,
local elected officials recognized the need for long-range planning on a regional scale. They
understood that many issues such as transportation, air quality and homelessness, among
others, transcend city boundaries.
MAG is the designated metropolitan planning organization (MPO) for transportation planning
in the Maricopa County region. MAG has also been designated by the Governor to serve as
the principal planning agency for the region in a number of other areas, including air quality,
water quality and solid waste management. In addition, through a Governor’s Executive
Order, MAG develops population estimates and projections for the region.
What is MAG’s policy structure?
The MAG Regional Council is the governing and policy-making body for the organization and
is composed of elected officials appointed by each member agency. For the majority of
members, the city or town mayor serves as the Regional Council member. Currently, the
Governor of the Gila River Indian Community, the President of the Salt River Pima-Maricopa
Indian Community, and the President of the Fort McDowell Yavapai Nation serve on the
Regional Council. The county is represented by a member of the board of supervisors.
The MAG Management Committee provides a key role in the policymaking decisions at MAG.
The Committee is responsible for receiving input from technical committees, analyzing
technical and policy issues, and providing recommendations to the MAG Regional Council.
The Management Committee consists of the chief administrators from each member agency.
The director of the Arizona Department of Transportation and the executive director of the
Regional Public Transportation Authority represent their respective agencies on transportation
issues that are brought before the Management Committee.
Other MAG committees are established as needed to provide specific policy
recommendations through the MAG committee process. MAG policy and technical
committees as well as stakeholder groups, like the Dark Sky Stakeholders Group, can provide
recommendations to the Management Committee.
How was the Dark Sky Stakeholders Group (DSSG) formed?
In January 2009, the MAG Management Committee recommended convening of a Dark Sky
Stakeholders Working Group. The MAG Management Committee was requested to provide
names of individuals in their respective jurisdictions to participate in the working group to
develop a model Dark Skies ordinance.
5
What is the Dark Sky Stakeholders Group project background?
Date
Activity
August 2008
MAG Executive Director meets with a member of the
International Dark Sky Association and authorized a presentation
to the MAG Planners Stakeholders Group (PSG).
October 2008
Dr. Buell Januzzi, Past Director of the Kitt Peak Observatory,
provided a report to the MAG Management Committee. He
stated that outdoor light pollution creates a significant waste of
energy and associated costs, and degrades the visibility of our
night skies. This affects the world-class observatories located in
the state.
December 2008
Dr. Januzzi gave the same presentation to the MAG Regional
Council.
January 2009
MAG Management Committee approved convening a Dark Sky
Stakeholders Group (DSSG). Jurisdictional managers were
encouraged to send staff.
March-September 2009
DSSG collected information on outdoor light pollution,
reviewed best practices in lighting codes, and developed a draft
Pattern Outdoor Lighting Code (POLC).
October-November 2009
Made revisions to the draft POLC.
February 2010
MAG staff briefed Intergovernmental representatives.
July 2010
Held Dark Sky Workshop to gather comments from external
stakeholders on the draft POLC.
August 2010
Evaluated all comments from external stakeholders and revised
the POLC.
September and October
2010
MAG staff updated Intergovernmental representatives.
October 2010
Updated MAG Management Committee. Members of the
committee encouraged working with stakeholders representing
the private sector and to find a balanced recommendation for
the committee.
April 2011
MAG staff advises members of the Dark Sky Stakeholders
Group, private sector representatives, and interested parties that
a resource guide and report of the DSSG efforts would be
drafted and circulated for review. The draft POLC is to be
included in the report along with private sector concerns and
alternatives. Interested parties are able to submit comments and
concerns to be included in the report.
June 2011
The draft resource guide and report is circulated for review.
July 2011
Anticipated DSSG meeting to review comments to the draft
resource guide and report.
6
What is the purpose of the MAG Dark Sky Stakeholders Group?
The purpose of the Stakeholders Group is to collect information on outdoor light pollution,
review best practices in lighting codes, and to develop a draft Pattern Outdoor Lighting Code
that could be used by MAG member agencies for updating their respective outdoor lighting
codes.
How can I find more information on the MAG Dark Sky Stakeholders Group?
All information on this topic can be found on the Dark Sky project page of the MAG website:
http://www.azmag.gov/Projects/Project.asp?CMSID=1082
Who are the MAG Dark Sky Stakeholders Group staff contacts?
Jami Garrison, MAG Socioeconomic Research Program Manager
jgarrison@azmag.gov
Nathan Pryor, MAG Intergovernmental Policy Coordinator
npryor@azmag.gov
MAG staff can be reached at (602) 254-6300.
Who participated in discussions of the MAG Dark Sky Stakeholders Group?
A number of MAG member agencies, citizens, interested parties and private sector
representatives had varying levels of participation in discussions of the MAG Dark Sky
Stakeholders Group. A list of participants is included in the appendix of this document.
Why did MAG develop a Pattern Outdoor Lighting Code?
• To assist MAG member agencies in updating existing outdoor lighting codes
• To help preserve Arizona astronomy - a $250 million per year economic impact for
Arizona.
•
To help the member agencies and business save energy as well as costs by
recognizing and prohibiting unshielded and excessive outdoor lighting. Luginbuhl &
Lockwood (2008) estimate that up to $30 million per year could be saved in Arizona
In the summer of 2008 the MAG Executive Director was approached by a member of the
International Dark Sky Association with a request to make a presentation to all MAG member
agencies on the growing outdoor light pollution in the MAG region. The International Dark
Sky Association saw MAG as an efficient way to reach many jurisdictions. They offered staff
from the astronomy community to help MAG form a stakeholders group and create a Pattern
Outdoor Lighting Code (POLC).
Dr. Buell Januzzi, Past Director of the Kitt Peak Observatory, provided a report to the MAG
Management Committee and Regional Council about issues related to outdoor light pollution
in MAG region. He explained that outdoor light pollution represents a potential waste in
energy and related energy costs, and degrades the visibility of our night skies. This affects the
world-class observatories located in Arizona. During the presentations, the counties,
7
municipalities and Native American Indian communities were invited to consider revisiting the
adequacy and enforcement of their respective lighting ordinances.
What is a pattern code?
The term “pattern code” means that the code is a guideline or template that can be modified
to suit each community. The POLC does not intend to offer a single solution appropriate for
all communities or situations. It offers instead a comprehensive guide describing issues relevant
to the control of the obtrusive aspects of outdoor lighting, and a list of approaches to mitigate
these aspects. The POLC is intended for use by any community of any size or locale that
wishes to create a new, or update an existing, outdoor lighting code.
What is the need and purpose for an outdoor lighting code?
• To permit reasonable uses of outdoor lighting for nighttime safety, utility, security, and
enjoyment while preserving the ambiance of the night.
• To conserve energy and resources to the greatest extent possible.
• To minimize glare and obtrusive light by limiting outdoor lighting that is misdirected,
excessive, or unnecessary.
• To encourage optimum use of outdoor lighting for future development and growth.
What about existing lighting (grandfathering)?
MAG legal counsel advises that it is difficult in Arizona to require existing uses to comply with
new code requirements, unless there is a change in the existing use. All outdoor lighting codes
in Arizona, including this POLC, grandfather any installation compliant with the previous
regulations. New installations and major modifications are where the new code could take
effect; the POLC does not mandate the replacement of all lighting fixtures if one or a few need
replacement. The value of the replacement must exceed 50% of the installation value at
either one instant or through cumulative changes before the new standards apply.
What about retrofitting? Is there additional expense for existing businesses?
There are no requirements for retrofitting existing lighting or signs. Currently existing lighting
and signs will not be affected by adoption of the POLC.
Does the Pattern Outdoor Lighting Code regulate street lights?
Section 3.5 of the POLC addresses public roadways and states that lighting for public
roadways and pedestrian lighting must comply with the code, except the lumens cap of
Section 4.2. Typically the municipality’s Street or Transportation Department sets and
implements street lighting standards.
8
What is a lumens cap and how does it work?
The majority of issues associated with overlighting can be addressed effectively by an overall
cap on the amount of light permitted, scaled to the area to be developed - lumens per acre
caps. (Lumens are a measure of light output as seen by the human eye and can be found on
every lamp package and catalog description.)
Lumens per acre is a simple calculation that does not require specialized technical training.
Newer versions of Outdoor Lighting Codes include a lumens cap. The lumens cap provides
maximum flexibility for the lighting designer to work within an overall "lumen budget" in order
to creatively achieve the goals presented by clients. Professional quality designs can achieve
the goals and solve the problems, if any, of each lighting situation by trading off amounts of
decorative and general illumination, areas to be illuminated, illumination levels and
uniformities, types of luminaire optical design, and other factors to achieve quality lighting
without the code specifying permitted or prohibited lighting uses, or illuminance levels for each
situation.
What about holiday lighting?
Seasonal decorative lighting is usually exempt from Outdoor Lighting Codes and is exempt
from the POLC during the holiday season.
What are Lighting Zones?
Lighting zones were first developed in Arizona lighting codes beginning in the 1980s, and were
designed to help protect astronomical observatories from the growth of light pollution. Since
then the concept has been expanded by the International Lighting Commission (CIE) and the
Illuminating Engineering Society of North America (IESNA) to address other environmental
concerns, such as energy conservation, glare, and light trespass. Environmental zone ratings
(Lighting Zones) help ensure that the lighting goals of an environment are appropriately
defined and met, but not exceeded. Simply put, the amount of light allowed in a given zone is
tailored to the density of development, activity levels and sensitivity of the zone or nearby
areas affected by lighting in the zone to off-site impacts of lighting (e.g. glare and sky glow).
For example, a densely developed commercial district would have a higher lighting allowance
than an agricultural area; areas near observatories or natural areas may have tighter limits than
areas located far from such sensitive areas.
What is the impact on planning and code enforcement staff in terms of administering an
outdoor lighting code?
Outdoor lighting codes have been in place in various Arizona communities since the 1970s
and have not been shown to create an unusual administrative load. At a MAG DSSG meeting,
the jurisdictions of Buckeye, Fountain Hills, Gilbert, Maricopa County and Mesa commented
that the code would not have a significant workload impact for them.
9
Some jurisdictions have web-fillable or downloadable forms for the Existing Lighting Inventory
and Lumen Output Calculation Sheets as well as examples of properly prepared applications.
Nonetheless, as with any code, implementation and enforcement of a lighting code will impact
the planning and code enforcement staff. In addition to the time required to review materials
related to lighting, and on site follow-up to verify compliance, the staff will need to develop
some familiarity with lighting terms such as lumens, and how to reliably evaluate the shielding
characteristic of luminaires. Further, enforcement of any code includes not only the assurance
that plans and construction conform to the standards of the code when the building or lighting
permit is issued and when the project is completed, but also monitoring of continuing
compliance after the project is completed.
Can MAG adopt the POLC?
MAG is not an enforcement agency, as such, the POLC is not for adoption by MAG. It is
anticipated that MAG member agencies may consider adoption of the POLC either in whole
or in part as necessary for their jurisdiction.
Have crime, safety and Crime Prevention Through Environmental Design (CPTED) been
addressed in the POLC?
The purpose of the draft POLC is to define practical and effective measures to minimize
obtrusive outdoor light, while preserving safety, security, and the nighttime use and enjoyment
of property. A common question is the connection between lighting and crime. Several
reports and studies were analyzed and the information was provided to the DSSG by Dan
Brocious, Whipple Observatory in 2009. According to the International Dark Sky Association,
“the idea that more light always results in better safety and security is a myth. One needs only
the right amount of light, in the right place, at the right time. More light often means wasted
light and energy.” The POLC adheres to CPTED lighting principles, though the approach is
not identical: communities will benefit from a complementary approach using both.
Does the POLC allow for safe and sufficient lighting at ATMs?
Safe lighting can be provided at ATMs following the standards in the POLC. Calculations
indicate that approximately 20,000 lm are sufficient to provide this lighting. As POLC allows, at
minimum, 50,000 lm per acre, and bank sites are generally greater than one acre, it is evident
that POLC permits sufficient lighting.
Why signage in a lighting code?
It is not necessary to have signage in a lighting code, but it is important that lighting and the
potential light pollution aspects of signs be addressed. DSSG put it in the POLC. Many Arizona
jurisdictions also include the lighting aspects of signage in a lighting code. The sign portion of
the POLC can be easily removed and put into a sign code.
10
Why a lighting curfew for signs?
A number of jurisdictions within Arizona have had sign lighting curfews for many years,
including: Cochise County, Coconino County, Cottonwood, Pima County, Sedona, Tucson,
and Yavapai County.
According to the astronomy community, signs cause a substantial amount of light pollution
(estimated 10 percent of the total). A curfew is only in effect for non-business hours. Any
jurisdiction can adjust or eliminate curfews.
Why a sign brightness of 100 nits?
Nit is the standard unit used to measure the brightness of a surface, such as of a sign. The
POLC includes a maximum brightness of 100 nits for digital (multi-color LED) billboards. This
is based on the typical maximum brightness seen in current technology (floodlit) billboards.
The standard in some Arizona jurisdictions is 300 nits, a limit supported by the sign industry.
Based on an unpublished survey of 565 floodlit billboards in the Phoenix, Tucson and Chicago
metro areas, 1) more than 90 percent of floodlighted billboards are below 100 nits, and 2)
floodlit billboards illuminated at 100 nits are easily readable.
Besides energy and light pollution issues, there is a safety concern. Brighter signs (at three
times existing levels) may have an increased negative impact on driver vision and safety.
Why is sign color addressed in the code?
To help reduce light pollution it is best to stay away from white or very light-colored
background signs as they pollute the most. White background signs produce twenty times as
much light pollution as an opaque-background sign, and about six times as much light pollution
as a strongly colored-background sign.
Is the pattern code a lighting design standard?
The POLC is not a lighting design standard, and does not require a property owner or
business to meet any particular illumination levels. All standards in the POLC are intended to
limit the off-site or obtrusive aspects of outdoor lighting, such as glare with associated
decreased visibility, excessive energy use, and sky glow.
Will POLC lumen caps affect liability?
The lumen limits in POLC are 50,000, 100,000 and 150,000 lumens per acre. The lowest,
50,000, is the limit that has been in place in 2/3 of urban Flagstaff for over 20 years. There
have been no complaints or cases where public safety was held to have been compromised
by these levels, and as such there is no increase in liability or liability insurance costs.
11
How do the POLC and the International Energy Conservation Code (IECC) 2009 outdoor
lighting allowances compare?
Summary: Roughly, IECC Lighting Zone 1 (LZ1) and Lighting Zone 2 (LZ2) are similar to
POLC LZ2 and LZ3; IECC LZ3 and LZ4 allow substantially more light than the POLC.
Comparison of the amount of outdoor lighting allowed under POLC and IECC 2009 is
complex, as the standards are written differently. The POLC is a simple lumens per acre
standard, requiring only the site acreage to determine the allowance. IECC 2009 specifies
allowances for a variety of uses, the amount determined by the area or linear dimensions of
each use (such as parking lots, walkways, entryways, sales areas, sales canopies, façade
lighting, etc.). In the IECC 2009 calculations below, we have assumed lighting will be used
only for the parking area and building façade: in general these will be the principal lighting uses
on most sites.
Site information:
site area = 1 acre
parking lot area = 0.6 acre
building perimeter = 200 feet
building height = 12 feet
façade area (perimeter x height) = 2400 ft.² fixture luminous efficacy (lumens per watt) = 60
(minimum); 75 (typical)
POLC lighting allowances
LZ 1
50,000 lm
LZ 2
100,000 lm
LZ 3
150,000 lm
IECC 2009 lighting allowances
LZ 1
93,000 lm (min); 116,000 lm (typical)
LZ 2
144,000 lm (min); 181,000 lm (typical)
LZ 3
223,000 lm (min); 279,000 lm (typical)
LZ 4
311,000 lm (min); 388,000 lm (typical)
12
Pattern Outdoor Lighting Code for the MAG Region
Section 1: Purpose and Intent
Section 2: Conformance with Applicable Codes
Section 3: Applicability
3.1 New Uses, Buildings and Major Additions or Modifications
3.2 Minor Additions
3.3 Nonconforming Outdoor Light Fixtures; Nonconforming Uses
3.4 Resumption of Use after Abandonment
3.5 Public Roadways
3.6 Alteration of Non-conforming Use
Section 4: Outdoor Lighting Standards
4.1 Shielding Standards
4.2 Total Outdoor Light Output Standards
4.3 Lamp CCT Standards
4.4 Effective Shielding Standard
4.5 "House side" Shielding Standard
4.6 Curfews
Section 5: Outdoor Advertising Sign Lighting Standards
5.1 Externally Illuminated Sign Lighting Standards
5.2 Internally Illuminated Sign, Neon Sign Multicolor Fixed-Copy LED Sign and
Single-Color LED Sign Lighting Standards
5.3 Multicolor Changeable-Copy LED Sign Lighting Standards
5.4 Curfews
Section 6: Special Uses
6.1 Recreational Facilities
6.2 Frontage Row of Vehicle Display Areas
6.3 Service Station Canopies
6.4 Other Lighting on Parcels with Special Uses
Section 7: Submission of Plans and Evidence of Compliance with Code, Subdivision
Plats
7.1 Submission Contents
7.2 Additional Submission
7.3 Subdivision Plats
7.4 Lamp or Fixture Substitution
7.5 Plan Approval
7.6 Certification of Installation
Section 8: Approved Materials and Methods of Construction or Installation/Operation
8.1 Approval of Alternatives
Section 9: Prohibitions
9.1 Laser Source Light
9.2 Searchlights
13
9.3 Mercury Vapor
Section 10: Temporary Exemption
10.1 Request; Renewal; Information Required
10.2 Approval; Duration
10.3 Disapproval; Appeal
Section 11: Other Exemptions
11.1 Nonconformance
11.2 State and Federal Facilities
11.3 Emergency Lighting
11.4 Swimming Pool and Fountain Lighting
Section 12: Appeals
Section 13: Law Governing Conflicts
Section 14: Violation and Penalty
Section 15: Severability
Section 16: Definitions
Note: Bold italics indicate terms defined in Section 16.
14
Section 1. Purpose and Intent.
It is the purpose of this Code to define practical and effective measures by which the obtrusive
aspects of outdoor light usage can be minimized, while preserving safety, security, and the
nighttime use and enjoyment of property. These measures are intended to curtail the
degradation of the nighttime visual environment, light trespass, energy and resource waste,
and to preserve the naturally dark skies relied upon by Arizona’s world-class astronomical
facilities 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 wasted light
from overlighting and poorly shielded or inappropriately directed lighting fixtures.
It is further recognized that naturally dark landscapes and star-filled skies are valued by many
and that poor practices in outdoor lighting hamper the reasonable use and enjoyment of
property and can endanger the public welfare by producing unnecessary glare.
Section 2. Conformance with Applicable Codes.
All outdoor lighting fixtures shall be installed in conformance with the provisions of this Code,
the Building Code, the Electrical Code, the Sign Code and all other applicable laws and
regulations of the jurisdiction.
Section 3. Applicability.
3.1.
New Uses and Major Modifications. All outdoor lighting for new uses, developments
or structures, and major modifications to outdoor lighting, for which a permit or other
approval is issued or given after the effective date of this Code, shall meet the
requirements of this Code. Cumulative modification or replacement of outdoor lighting
constituting fifty (50) percent1 or more of the lumens permitted by this Code for the
parcel, regardless of the actual amount of lighting already on a non-conforming site, shall
be deemed a major modification for purposes of this section.
3.2.
Minor Additions. Alterations, additions or modifications to outdoor lighting of less than
fifty (50) percent1 in the value or total outdoor light output, and that require a permit, shall
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 Code 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 Code, whichever is larger.
3.3.
Nonconforming Outdoor Light Fixtures; Nonconforming Uses. If a use, building or
structure loses its nonconforming status, or if outdoor light fixtures are modified in excess
of fifty (50) percent1 of their value, or total outdoor light output, whether all at once, or in
1 The actual percentage that triggers the requirement to bring outdoor lighting fixtures into compliance with this
Code may be that specified in each jurisdiction’s zoning ordinance. Values of 25% and 50% have been used in
Arizona lighting codes.
15
a series of cumulative changes, then all outdoor lighting must be brought into
conformance with the requirements of this Code.
3.4.
Resumption of Use after Abandonment. If a use, building or structure is abandoned (as
defined in Section ____ of the Zoning Ordinance), then all outdoor lighting shall be
brought into compliance with this Code before the use is resumed.
3.5.
Public Roadways. Lighting for public roadways must comply with this Code, except
the total outdoor light output standards of Section 4.2.
3.6.
Alteration of Non-conforming Use. All light fixtures may be maintained as provided in
Section ____ of the Zoning Ordinance, but shall not be re-erected, relocated, or replaced
unless brought into compliance with this Code. Nothing in this Code shall affect existing
property or the right to its continued use for the purpose used at the time the Code takes
effect, nor to make any reasonable repairs to light fixtures, property, or uses for such legal
existing purposes.
Section 4. Outdoor Lighting Standards.
4.1.
Shielding Standards. All nonexempt outdoor light fixtures shall comply with the
shielding standards provided in Table 4.1; outdoor luminous tube lighting does not require
shielding but total output from unshielded lighting is subject to the limits set forth in Section
4.2. The distance from a fixture to the nearest residential property line means the
distance to the nearest parcel with any kind of residential use.
Use Codes:
A = all types of fixtures allowed; fully shielded recommended
F = only fully shielded fixtures allowed
X = not allowed
Table 4.1 LUMINAIRE SHIELDING STANDARDS
Land Use and Lamp Output
Shielding
Notes
Distance from Luminaire to
Nearest Residential
Property Line
< 50’
≥ 50’
Commercial, Industrial and Multi-Family
Residential
Initial lamp output ≥ 2,000 lumens
F
F
Initial lamp output < 2,000 lumens
F
A
1,2,3
Residential Lighting
Initial lamp output ≥ 1,000 lumens
F
F
Initial lamp output < 1,000 lumens
F
A
1,2,3,4
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Notes to Table 4.1
See Section 16 for the definition of “residential.”
1. Spot and flood lamps must be aimed no higher than 45 degrees above straight down (half-
way between straight down and straight to the side) when the lamp is visible from any off-
site residential property or public roadway (Figure 4.1).
Figure 4.1. Spot light aiming
2. The maximum amount of lighting in unshielded fixtures is limited in Section 4.2.
3. Seasonal decorations using typical unshielded low-wattage lamps or LEDs shall be
permitted from Thanksgiving through January 15; such lighting is not subject to the
shielding or total outdoor light output standards of this code.
4. Examples of lamp types of 2,000 and 1,000 lumens and below (The acceptability of a
particular light is determined by initial lumen output, not wattage; values listed are
approximate; check manufacturer’s specifications).
Lamp Type
2000 lumens
1000 lumens
Standard incandescent and less
100 watt
60 watt
Tungsten-halogen (quartz) and less
100 watt
60 watt
Fluorescent and less
25 watt
15 watt
Compact Fluorescent and less
26 watt
13 watt
Metal Halide
40 watt
N/A
High-Pressure Sodium
N/A
N/A
4.2.
Total Outdoor Light Output Standards. Total outdoor light output shall not exceed
the limits set forth in Table 4.2. (The values in this table are upper limits and not design
goals; design goals should be the lowest levels that meet the requirements of the task.)
Table 4.2 MAXIMUM TOTAL OUTDOOR LIGHT OUTPUT STANDARDS
Land Use and Fixture Shielding
Lighting Zone
Notes
Commercial, Industrial, Multi-family residential
(lumens per net acre)
LZ 1
LZ 2
LZ 3
total (fully shielded + unshielded)
50,000
100,000
150,000
unshielded component
5,000
10,000
10,000
17
Residential (lumens per residence)
1
total (fully shielded + unshielded)
20,000
20,000
20,000
unshielded component
5,000
5,000
5,000
Notes to Table 4.2
1. Each residential single-family detached home or duplex is allowed up to 5,500 lumens of
unshielded lighting or the lighting provided in this Table based on the parcel's acreage,
whichever is larger, provided Table 4.1 allows the fixture(s) to be unshielded. Residential
spot or flood lamps are to be aimed no higher than 45 degrees above straight down (see
Note 1 to Table 4.1).
4.3.
Lamp CCT Standard. All lamps, except lamps used for decorative lighting, must
conform to the CCT limits listed in Table 4.3.
Table 4.3 ALLOWED LAMP CCT
Lighting Zone
LZ 1
LZ 2
LZ 3
Maximum CCT
3000K
3000K
4300K2
4.4.
Effective Shielding Standard. All light fixtures that are required to be fully shielded shall
be installed and maintained in such a manner that the shielding is effective as described in
the definition for fully shielded fixtures.
4.5.
“House Side” Shielding Standard. Beyond the shielding requirements of Section 4.1,
any privately or publicly owned outdoor light fixture with a lamp of initial output over
10,000 lumens located within 50 feet of any residential (including multi-family residential)
property or public right-of-way shall utilize an internal or external “house-side” shield, with
the light fixture and shield oriented to minimize light trespass over the adjacent property
or right-of-way line (Figure 4.5). The surface of any external shield must have a black or
bronze finish on the side facing the lamp to minimize reflection.
No Shield
Internal Shield
External Shield
Figure 4.5. House-side shield configurations
2 To decrease potential disruption of human circadian rhythms and sky glow, a CCT limit of 3000K should be
considered in all Lighting Zones.
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4.6.
Curfews
A. Decorative lighting shall be extinguished between 10:00pm, or when the business
closes (whichever is later), and the time the business re-opens.
B. Area lighting located 75 feet or more from the nearest building, display area or storage
area shall be extinguished between 10:00pm, or within sixty (60) minutes of the
business closing (whichever is later), and the time the business re-opens.
C. All lighting subject to curfews in Section 4.6.A and 4.6.B shall be controlled by
automatic time switches.
Section 5. Outdoor Advertising Sign Lighting Standards.3
5.1.
Externally Illuminated Sign Lighting Standards. External lighting for signs, including
billboards, shall conform to the provisions of this Code, including but not limited to the
lamp source, shielding and total outdoor light output standards of Section 4 (except as
provided in Section A below). All upward-directed sign lighting is prohibited.
A. Lighting for externally illuminated billboards is allowed up to a maximum of 200 initial
lamp lumens per square foot of illuminated sign face, even when the total outdoor
light output standards in Section 4.2 would not otherwise permit such lighting.
5.2.
Internally Illuminated Sign, Neon Sign, Multicolor Fixed-Copy LED Sign and Single-
Color LED Sign Lighting Standards.
A. Outdoor internally illuminated signs must either be constructed with an opaque
background and translucent text and symbols, or with a colored background and
generally LIGHTER text and symbols (Figure 5.2.A). Colored backgrounds shall not be
white, off-white, light grey, cream, or yellow. Lamps used for internal illumination of
such signs shall not be counted toward the total outdoor light output standards in
Section 4.2.
3 Some jurisdictions include all sign standards, including those related to lighting, in a separate sign code.
19
Light Background
Colored Background
Opaque Background
Figure 5.2.A Internally illuminated sign styles
B. Neon signs, multicolor fixed-copy LED Signs and single-color LED signs (Figure 5.2.B)
shall be treated as internally illuminated signs for the purposes of this Code, and shall not
have their luminous outputs counted toward the total outdoor light output standards in
Section 4.2. Any lighting extending beyond the area considered to be the sign area (as
defined in the Sign Code of this jurisdiction) 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 and total outdoor light output standards of Section 4.
Neon
Multicolor Fixed-Copy LED
Single-Color LED
Figure 5.2.B Neon, multicolor fixed-copy LED and single-color LED signs
C. Other internally-illuminated panels or decorations not considered to be signage
according to the sign code of this jurisdiction (such as illuminated canopy margins or
building faces), 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 and total
outdoor light output standards of Section 4.
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5.3.
Multicolor Changeable-Copy LED Sign Lighting Standards. Lighting for multicolor
changeable-copy LED signs must meet the following:
A. [ALTERNATIVE A] Multicolor changeable-copy LED signs must include photocell
technology to control and vary the intensity of lighting depending on the amount of
ambient light that is present to prevent overly bright luminance at night: automatic
controls must limit night luminance to a maximum of 100 nits when the display is set
to show maximum brightness white (100% full white mode). The applicant shall
provide a written certification from the sign manufacturer that the nighttime light
intensity has been factory pre-set not to exceed this level, and that this setting is
protected from end-user modification by password-protected software or other
method as deemed appropriate by the Planning Director.
Multicolor Changeable-Copy LED
Figure 5.3.A Multicolor changeable-copy LED sign
[ALTERNATIVE B] Multicolor changeable-copy LED signs are not permitted.
5.4.
Curfews. Illumination for all on-site advertising signs except billboards, both externally
and internally illuminated, shall be turned off at the curfew times listed in Table 5.4 or
when the business closes, whichever is later. Signs subject to curfews are required to have
functioning and properly adjusted automatic shut-off timers. Light background (white, off-
white, light gray, cream or yellow) internally illuminated signs, installed legally before
enactment of this code [enter date], may continue to be used and illuminated but must
conform to the curfews as indicated.
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Table 5.4 ILLUMINATED SIGN CURFEWS
Land Use Zoning and Sign Type
Curfew
Commercial and Industrial zoning
Opaque Background
10pm
Colored Background
10pm
Light Background
8pm
All residential and mixed-use zoning
Opaque Background
9pm
Colored Background
9pm
Light Background
6pm
Note to Table 5.4
Land Use Zoning refers to the predominant use of land by area within 1,000 feet of the
parcel on which the sign is located.
Section 6. Special Uses.
6.1.
Recreational Facilities.
A. Class of Play: Fields designed primarily for use by municipal or amateur leagues,
training, recreational or social levels, shall be considered Sports Class IV as defined by
the Illuminating Engineering Society of North America (IESNA). Fields designed
primarily for college, semiprofessional, professional or national levels shall be
considered Sports Class I, Sports Class II or Sports Class III as defined by IESNA.
B. Lighting Amount: Lighting for outdoor athletic fields, courts or tracks shall be exempt
from the total outdoor light output standards of Section 4.2.
C. Shielding: fully shielded lighting is required for fields designed for Sports Class III and
Sports Class IV levels of play. Facilities designed for Sports Class I and Sports Class II
levels of play shall utilize luminaires with minimal uplight consistent with the
illumination constraints of the design. Where fully shielded fixtures are not utilized,
acceptable luminaires shall include those which:
1. Are provided with internal and/or external glare control louvers and installed so as
to minimize uplight and offsite light trespass, and;
2. Are installed and maintained with aiming angles that permit no greater than five
percent (5%) of the light emitted by each fixture to project above the horizontal.
D. Illuminance: All lighting installations shall be designed to achieve no greater than the
110% of the minimal illuminance levels for the activity as recommended by the
Illuminating Engineering Society of North America (IESNA) for the Sports Class as
described in Section 6.1.A.
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E. Off-site spill: The installation shall also limit off-site spill (off the parcel containing the
sports facility) to the maximum extent possible consistent with the illumination
constraints of the design.
F. Certification: Every such lighting system design and installation shall be certified by a
registered engineer, architect or landscape architect as conforming to all applicable
restrictions of this Code.
G. Curfew: All events shall be scheduled so as to complete all activity before 11pm.
Illumination of the playing field, court or track shall be permitted after the curfew only
to conclude a scheduled event that did not conclude before the curfew due to unusual
circumstances.
6.2.
Frontage Row of Vehicle Display Areas.
A. Shielding: All frontage row vehicle display area lighting shall utilize fully shielded
luminaires that are installed in a fashion that maintains the fully shielded characteristics.
B. Lumen Limit: Total outdoor light output for the frontage row of vehicle display areas is
exempt from the standards of Section 4.2, but shall not exceed sixty (60) lumens per
square foot.
C. Curfew: The frontage row of vehicle display area lighting exceeding the total outdoor
light output standard of Section 4.2 shall be turned off at the curfew listed in Section
6.1 or within sixty (60) minutes after closing of the business, whichever is later.
6.3.
Service Station Canopies.
A. Shielding: All luminaires mounted on or recessed into the lower surface of service
station canopies shall be fully shielded and utilize flat lenses.
B. 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 sixty (60) lumens per square foot of canopy. All lighting
mounted under the canopy, including but not limited to luminaires 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.
C. The lumen output of lamps mounted on or within the lower surface of a canopy is
included toward the standards in Section 4.2 according to the method defined for total
outdoor light output. Other lighting located under a canopy but not mounted on or
within the lower surface is included toward the standards in Section 4.2 at full initial
output.
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6.4.
Other Lighting on Parcels with Special Uses. All lighting not directly associated with the
special use areas above shall conform to the lighting standards described in this Code at all
times, including but not limited to the shielding standards of Section 4.1, the total outdoor
light output standards of Section 4.2 and the lamp CCT standards of Section 4.3. The net
acreage for the determination of compliance with Section 4.2 shall not include the area of
the athletic field or frontage row of vehicle display area; the area of any service station
canopy shall be included in the net acreage.
Section 7. Submission of Plans and Evidence of Compliance with Code, Subdivision
Plats.
7.1.
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 permit) evidence that the proposed
work will comply with this Code. Even should no other such permit be required, the
installation or modification of any exterior lighting (except for routine servicing and same-
type lamp replacement) 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:
A. plans indicating the total number and location on the premises of all outdoor lighting
fixtures, both proposed and any already existing on the site;
B. description of all outdoor lighting fixtures, both proposed and existing. The description
may include, but is not limited to, catalog cuts and illustrations by manufacturers
(including sections where required); lamp types, wattages and initial lumen outputs;
7.2.
Additional Submission. The above required plans, descriptions and data shall be
sufficiently complete to enable the designated official to readily determine whether
compliance with the requirements of this Code will be secured. If such plans, descriptions
and data are not sufficient, the applicant shall submit such additional evidence as
reasonably requested by the jurisdiction, including certified reports of tests performed and
certified by a recognized testing laboratory.
7.3.
Subdivision Plats. If any subdivision proposes to have installed street or other common
or public area outdoor lighting, submission of the information as described in Section 7.1
shall be required for all such lighting.
7.4.
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 Code. Approval must be received prior to substitution.
7.5.
Plan Approval. If the designated official determines that the proposed lighting does not
comply with this Code, the permit shall not be issued or the plan approved.
24
7.6.
Certification of Installation. For all projects where the total outdoor light output of the
proposed lighting equals or exceeds 300,000 lumens, certification that the lighting, as
installed, conforms to the approved plans shall be provided by a registered engineer,
architect or landscape architect before the certificate of occupancy is issued.
Section 8. Approved Materials and Methods of Construction or
Installation/Operation.
8.1.
Approval of Alternatives. The provisions of this Code are not intended to prevent the
use of any design, material, or method of installation or operation not specifically
prescribed by this Code, provided any such alternate has been approved by the
designated official. The designated official may approve any such proposed alternate
providing he/she finds that it:
A. provides at least approximate equivalence to that applicable specific requirements of
this Code, and
B. is otherwise satisfactory and complies with the intent of this Code.
Section 9. Prohibitions.
9.1.
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.
9.2.
Searchlights. The operation of searchlights for advertising purposes is prohibited.
9.3.
Mercury Vapor. Mercury vapor lights in use for outdoor lighting on the effective date
of this Code shall not be used after January 1, 2011 (ARS 49-1104).
Section 10. Temporary Exemption.
10.1. Request; Renewal; Information Required. Any person may submit, on a form
prepared by the jurisdiction, to the designated official, a temporary exemption request.
The request shall contain the following information:
A. specific Code exemption(s) requested;
B. purpose of proposed lighting;
C. duration of requested exemption(s);
D. information for each luminaire and lamp combination as required in section 7.1;
E. proposed location on premises of the proposed outdoor light fixture(s);
F. previous temporary exemptions, if any, and addresses of premises hereunder;
G. such other data and information as may be required by the designated official.
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10.2. Approval; Duration. The designated official shall, within five (5) business days from the
date of submission of the request for temporary exemption, approve or delay the request
in writing. If approved, the exemption shall be valid for not more than thirty (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 (1)
additional thirty (30) day period. The designated official is not authorized to grant more
than one (1) temporary permit and one (1) renewal for a thirty (30) day period for the
same property within one (1) calendar year.
10.3. Disapproval; Appeal. If the request for temporary exemption or its extension is
disapproved, the applicant may appeal as provided in Section 12.
Section 11. Other Exemptions.
11.1. Nonconformance. All outdoor light fixtures lawfully installed prior to and operable on
the effective date of this Code are exempt from all requirements of this Code. There shall
be no change in use or lamp type, or any replacement (except for same-type and same-
output lamp replacement) or structural alteration or fixture relocation made, without
conforming to all applicable requirements of this Code. If the property is abandoned, or if
there is a change in use of the property, the provisions of this Code will apply when the
abandonment ceases or the new use commences.
11.2. State and Federal Facilities. Compliance with the intent of this Code at all State and
Federal facilities is encouraged.
11.3. Emergency Lighting. Emergency lighting, used by police, firefighting, or medical
personnel, or at their direction, is exempt from the requirements of this Code, for as long
as the emergency exists.
11.4. 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 of
Section 4.1, though it must conform to all other provisions of this code.
Section 12. Appeals.
Any person substantially aggrieved by any decision of the designated official made in
administration of the Code may appeal that decision to the Advisory/Appeals Board of this
jurisdiction.
Section 13. Law Governing Conflicts.
Where any provision of federal, state, county, township or city statutes, codes, or laws
conflicts with any provision of this Code, the most restrictive shall govern unless otherwise
regulated by law.
26
Section 14. Violation and Penalty.
It shall be a civil infraction for any person to violate any of the provisions of this Code. Each
and every day or night during which the violation continues shall constitute a separate offense.
A fine shall be imposed of not less than fifty dollars nor more than seven hundred dollars for
any individual or not less than 100 nor more than ten thousand dollars for any corporation,
association, or other legal entity for each offense. The imposition of a fine under this Code
shall not be suspended.
Section 15. Severability.
If any of the provisions of this Code or the application thereof is held invalid, such invalidity
shall not affect other provisions or applications of this Code which can be given effect, and to
this end, the provisions of this Code are declared to be severable.
Section 16. Definitions.
As used in this Code, unless the context clearly indicates otherwise, certain words and phrases
shall mean the following:
16.1. Abandoned. Abandonment shall be determined as provided in Section _____ of the
City/Town’s Zoning Ordinance.
16.2. Area Lighting. All outdoor lighting used for, but not limited to, illumination for
walkways, roadways, equipment yards, parking lots, outdoor security, outdoor sales or
eating areas, assembly or repair areas, advertising and other signs, and recreational facilities
where GENERAL ILLUMINATION for utility, safety or security of the grounds is the
primary concern.
16.3. Billboard. Any sign designed for use with changeable advertising copy and which is
normally used for the advertisement of goods produced or services rendered at locations
other than the premises on which the sign is located.
16.4. CCT. See Correlated Color Temperature.
16.5. Correlated Color Temperature. (of a light source) The temperature (in Kelvins,
abbreviated K) of a black-body radiator (e.q. the tungsten filament in an incandescent
lamp) that radiates light of comparable hue to that light source. Higher CCT sources
appear bluer or “cooler,” lower CCT sources appear yellower or “warmer.”
16.6. Decorative Lighting. Any outdoor lighting used for, but not limited to, architectural
illumination, flag and monument lighting, and illumination of trees, bushes, etc.
27
16.7. Development Project. Any residential, commercial, industrial or mixed use subdivision
plan or development plan which is submitted to the City for approval.
16.8. Direct Illumination. 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.
16.9. Directly Visible. Allowing a direct line-of-sight to the light source or lamp.
16.10. Display Area. Outdoor areas where active nighttime sales activity occurs AND where
accurate color perception of merchandise by customers is required. Recognized display
area uses include automobile and recreational vehicle sales, boat sales, tractor sales,
building supply sales, gardening or nursery sales, swap meets. Uses not listed here must
be approved as display lot uses by the Planning Director.
16.11. Frontage Row of Vehicle Display Area. That portion of a display area used for vehicles
located adjacent to the parcel frontage. Includes only the front row of vehicles adjacent to
the parcel frontage; does not include the driving area located behind the parked vehicles
or the remainder of the display area not adjacent to the frontage. (Figure 16.11)
Figure 16.11. Frontage Row of Vehicle Display Area
16.12. Flood Lamp. See Spot Lamp.
16.13. Footcandle. The standard imperial unit used to measure illuminance, or the amount of
light falling onto a surface, such as a roadway or athletic field. One footcandle equals one
lumen per square foot. One footcandle equals approximately 10 lux.
16.14. Fully Shielded (Light Fixture). A light 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.
AUTOMOBILE DISPLAY FRONTAGE AREA
frontage
office
Parking for customers and other vehicles for sale
28
Any structural part of the light fixture providing this shielding must be permanently affixed
and part of the fixture, not part of any surrounding building or architectural elements.
Figure 16.14a. Examples of fully shielded fixtures.
*
*
*
Figure 16.14b. Examples of fixtures that are NOT fully shielded (*even though the lamp in
these fixtures is shielded from direct view when viewed from the side or above, reflective
surfaces and/or lens covers are directly visible from the side).
16.15. Illuminance. The amount of light falling onto a unit area of surface (luminous flux per
unit area) - measured in footcandles or lux.
16.16. Installed. The attachment, or assembly fixed in place, whether or not connected to a
power source, of any outdoor light fixture.
16.17. LED. Light emitting diode.
16.18. Light Fixture. See Luminaire.
29
16.19. Light Trespass. Light falling across property boundaries, on property not containing the
originating light source.
16.20. Lighting Zones. The three lighting zones are defined on the Lighting Zone Map, by
this reference made a part of this Code. Guidelines used to guide the delineation of the
lighting zones are:
A. Lighting Zone LZ 1. This Zone includes rural areas, undeveloped or primarily
residential, with typically small commercial centers surrounded by low density residential
uses or open space.
B. Lighting Zone LZ 2. This Zone includes predominantly suburban residential areas,
including neighborhood commercial or industrial areas mostly surrounded by residential
areas.
C. Lighting Zone LZ 3. This Zone includes urban areas with primary land uses for
commercial, business and industrial activity, including multi-family residential areas mostly
surrounded by commercial areas.
16.21. Lumen. Unit of luminous flux; used to measure the amount of light emitted by lamps.
16.22. Luminaire. A complete lighting assembly (including the lamp, housing, reflectors, lenses
and shields), less the support assembly (pole or mounting bracket); a light fixture. Includes
luminous tubes, lamps or similar devices, permanently installed or portable, used for
illumination, decoration, or advertisement. Such devices shall include, but are not limited
to lights used for:
A. parking lot or parking garage lighting;
B. roadway and driveway lighting;
C. pedestrian or walkway lighting;
D. entryway lighting;
E. buildings and structures;
F. recreational areas;
G. landscape lighting;
H. billboards and other signs (advertising or other);
I. product display area lighting;
J. building or structure decoration;
K. building overhangs and open canopies.
For purposes of determining total outdoor light output from a luminaire (see Table 4.1),
lighting assemblies which include multiple lamps within a single luminaire or on a single
pole or standard shall be considered as a single unit (Figure 16.22).
30
Figure 16.22. Light fixtures with multiple lamps in a single fixture (left) and on a single
pole (center, right)
16.23. Luminance. The intensity of light reflected or emitted from a unit area of surface, such
as a sign face - measured in nits.
16.24. Luminous Tube. A glass tube filled with a gas or gas mixture (including neon, argon,
mercury or other gasses), usually of small diameter (10-15 millimeters), caused to emit
light by the passage of an electric current, and commonly bent into various forms for use
as decoration or signs. A "neon" tube. Does not include common fluorescent tubes.
16.25. Lux. The standard metric unit used to measure illuminance, or the amount of light
falling onto a surface, such as a roadway of athletic field. One lux equals one lumen per
square meter. One lux equals approximately 0.1 footcandles.
16.26. Neon Tube. See Luminous Tube.
16.27. Net Acreage. The remaining area after deleting all portions for proposed and existing
streets and any Frontage Row of Vehicle Display Area(s) within a parcel, subdivision, or
multiple contiguous parcels proposed for development.
16.28. Nit. The standard unit used to measure the brightness of a surface, such as of a sign.
Equivalent to candela per square meter.
16.29. Opaque. Opaque means that a material does not transmit light from an internal
illumination source. Applied to sign backgrounds, it means that the area surrounding any
letters or symbols on the sign allows no light from any internal source to shine though it.
16.30. Outdoor Light Fixture. See Luminaire.
16.31. Outdoor Light Output, Total. The initial total amount of light, measured in lumens,
from all lamps used in outdoor light fixtures. Includes all lights and luminous tubes used for
area and decorative lighting, and lights used for external illumination of signs, but does not
include lights used to illuminate internally illuminated signs, luminous tubes used in neon
signs, or seasonal lighting from typical low-output lamps permitted between Thanksgiving
and January 15th. For lamp types that vary in their output as they age (such as high
31
pressure sodium, fluorescent and metal halide), the initial lamp output, as defined by the
manufacturer, is the value to be considered. For determining compliance with Section 4.2
[Total Outdoor Light Output] of this Code, the light emitted from lamps and luminous
tubes is to be included in the total output as follows:
A. outdoor light fixtures and luminous tubes installed on poles (such as parking lot
luminaires) and light fixtures installed on the sides of buildings or other structures, when
not shielded from above by the structure itself as defined in parts B, C or D below, are to
be included in the total outdoor light output by simply adding the initial lumen outputs of
the lamps and tubes;
B. outdoor light fixtures and luminous tubes installed under canopies, buildings (including
parking garage decks), overhangs or roof eaves where all parts of the lamp, tube or
luminaire are located at least five (5) feet but less than ten (10) feet from the nearest edge
of the canopy, building edge or overhang are to be included in the total outdoor light
output as though they produced only one-quarter (0.25) of the lamp's or tube’s rated
initial lumen output;
C. outdoor light fixtures and luminous tubes installed under canopies, buildings (including
parking garage decks), overhangs or roof eaves where all parts of the lamp, tube or
luminaire are located at least ten (10) feet but less than thirty (30) feet from the nearest
edge of the canopy, building edge or overhang are to be included in the total outdoor light
output as though they produced only one-tenth (0.10) of the lamp's or tube’s rated initial
lumen output.
D. outdoor light fixtures installed under canopies, buildings (including parking garage
decks), overhangs or roof eaves where all parts of the lamp, tube or luminaire are located
thirty (30) or more feet from the nearest edge of the canopy, building edge 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 Section 4.
16.32. Parking Garage. A multi-level or covered structure for parking that is open to the
outside air. Includes parking facilities under buildings when the area is open to the outside
at more locations than just the automobile entries and exits.
16.33. Person. Any individual, tenant, lessee, owner, or any commercial entity including but
not limited to firm, business, partnership, joint venture, or corporation.
16.34. Residential. All single-family residential land uses, including all densities and types of
housing such as single-family detached and duplexes, but excluding multi-family housing.
16.35. Searchlight. A lighting assembly designed to direct the output of a contained lamp in a
specific tightly focused direction (a beam) with a reflector located external to the lamp, and
with a swiveled or gimbaled mount to allow the assembly to be easily redirected. Such
lights are used commonly to sweep the sky for advertisement purposes.
32
16.36. Sign, Externally Illuminated. A sign illuminated by light sources from the outside.
16.37. Sign, Internally Illuminated. A sign illuminated by light sources enclosed entirely within
the sign cabinet and not directly visible from outside the sign.
16.38. Sign, Multicolor Changeable-Copy LED. A sign composed of LEDs of more than one
color and programmable to allow changing displays.
16.39. Sign, Multicolor Fixed-Copy LED. A sign composed of LEDs of more than one color
with a fixed (not changeable or programmable) copy display.
16.40. Sign, Neon. A sign including luminous tubes formed into text, symbols or decorative
elements and directly visible from outside the sign cabinet.
16.41. Sign, On-Site Advertising. A sign used primarily to advertise goods or services offered
on the same parcel on which the sign is located. Such a sign may include incidental non-
advertising information (for example time and temperature; does not include publicly
owned signs providing general interest information exclusively (such as road names or
highway conditions).
16.42. Sign, Single-Color LED. A sign composed of single-color LEDs, including signs with
fixed and changeable copy.
16.43. Sports Class I / II / III / IV. Level of sports play as defined by the Illuminating
Engineering Society of North America. This level is primarily determined by the number
and distance of spectators; the higher recommended illumination levels facilitate the
spectator's ability to view the action. Sports Class IV is the most common level, and is
typical of municipal and amateur league and social level sports, with minimal
accommodations for spectators, typically including bleachers located close to the field.
Sports Class III includes increased accommodation for spectators. Sports Class II and
Sports Class I apply to large sports facilities where thousands of spectators may be located
hundreds of feet from the field, and television broadcasting may be a consideration.
16.44. Spot Lamp. A specific form of lamp designed to direct its output in a specific direction
(a beam) with a reflector formed from the glass envelope of the lamp itself. Such lamps
are so designated by the manufacturers and are often used in residential outdoor area
lighting (Figure 16.44).
Figure 16.44. Spot lamps
33
16.45. Temporary Lighting. Lighting which does not conform to the provisions of this Code
and which will not be used for more than one thirty (30) day period within a calendar
year, with one thirty (30) 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.
16.46. Unshielded (Light Fixture). A light fixture constructed in such a manner that a fraction
of the 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 above the
horizontal (see Figure 16.14b).
34
Technical Basis and Background
The purpose of the POLC is to establish a balance between outdoor lighting needs of
commercial, industrial and residential lighting users and the need to limit unintended or
obtrusive effects of outdoor lighting use such as light trespass, glare, excessive energy use, and
sky glow. Poorly shielded lighting that shines directly from high intensity light fixtures into
people's eyes, causing glare, always decreases visibility. Lighting levels above those needed for
safety, utility and security consume more energy than needed, and produce more sky glow.
Sky glow interferes not only with astronomical research in the state of Arizona, but also affects
the environment and quality of life for all residents in the state. Reasonable amounts of lighting
mean reasonable amounts of energy use, lower energy bills, and a more sustainable
environment. Well shielded lighting means less glare, less trespass, and to most people a
more attractive nighttime community.
The POLC codifies standards, including total lumen allowances, that are compatible with
quality lighting design. The total lumen allowances are designed to accommodate basic lighting
needs (such as lighting for safety, utility, security and commerce) in amounts recognized by the
lighting industry (IESNA). The allowances are general and not use-specific, however, allowing
lighting users to make their own choices, using the available lighting allowances according to
their needs and priorities. In primarily residential or rural areas, the allowances are designed
to provide some restrictions for less essential uses such as ornamental lighting, though the
purpose is to effectively limit total lighting amounts, energy use, and light pollution, not to
disallow nonessential uses. When alternative effective lighting practices are available with
differing impacts on the night sky, preference is for standards compatible with the practices
that have the smaller obtrusive impacts. As an example, lighting building façades can be done
from flush in-ground lighting directed upward or from building-mounted light directed
downward: preference is given to the latter because the impacts on the sky are dramatically
decreased, even though this method or design may not be the “standard practice” for some
lighting designers or some franchises.
The technical basis for figures appearing in the MAG POLC that are related to lighting technical
aspects of lighting design or light pollution are described below in some detail. Non-technical
figures related to administrative, legal, or other issues, are more briefly addressed.
35
Section 3. Applicability.
Figure: 50%
Type: non-technical
Under Arizona law all lighting legally installed before passage of a new or updated code is
entitled to legal nonconforming status in perpetuity; it need not be modified to meet the
standards of the new or modified code. Reasonable maintenance such as lamp replacement is
allowed without requiring conformance. However, when lighting equipment is replaced or
“significantly” modified, the new lighting must conform to the codes in place when the
replacement or modification occurs. All jurisdictions establish a threshold to differentiate
maintenance from true additions or substantial modifications. In the POLC a threshold of
50% of initial value is suggested to determine when significant modifications or upgrades to
sites requires conformance. A 25% threshold is used in many lighting codes. This threshold
will be discussed and decided upon by each jurisdiction.
Section 4. Outdoor Lighting Standards.
Section 4.1Shielding Standards.
Figures: 2000/1000 lumens; 50’
Type: technical
(The impact of unshielded lighting on sky glow is discussed under Section 4.2.)
To minimize glare and light trespass into residential properties (arising at both commercial-
residential and residential-residential boundaries), unshielded lights on non-residential
properties may not be brighter than 2000 lumens (lm) or located closer than 50 feet to a
residential property line. This is approximately based on the concept of limiting illuminance at
the property line from an unshielded light to 0.06 footcandle (fc), or 2-3x full moonlight. (A
2000 lm lamp is equivalent to about 100 W incandescent or 26 W compact fluorescent.)
The single largest source of complaint related to lighting in residential areas is light trespass or
glare from unshielded lighting. On a residential property, the POLC allows a maximum
brightness for an unshielded lamp of 1000 lm, equivalent to about 60W incandescent or 13 W
compact fluorescent. This lowers light trespass levels, again assuming 50' distance, to about full
moonlight level. (A 1000 lm lamp is equivalent to about 60 W incandescent or 13 W
compact fluorescent.)
Figure: 45-degrees
Type: technical
Spotlights commonly used on residential properties can have a much higher intensity than an
unfocused lamp. Therefore, the POLC requires that they be aimed downward to limit the
off-parcel brightness. The angle used – 45-degrees or half-way between straight down and
straight sideways – is chosen to allow flexibility in light placement relative to the illuminated
area (i.e. the lamp can still be used to illuminate an area located some distance away from the
36
lamp), to limit glare and trespass off-site, and to simplify interpretation for users and code
enforcement.
Section 4.2 Total Outdoor Light Output Standards.
Figures: 50,000/100,000/150,000 lumens/acre (total nonresidential lumen budget)
Type: technical
The majority of lighting needed on nonresidential properties is for basic area lighting, such as
lighting for automobile and pedestrian areas including parking lots and walkways. Other
lighting is often used for decorative purposes such as landscape lighting and building
floodlighting.
For area lighting needs, basic recommendations of the lighting industry are for an illumination
level of 0.2 footcandle (fc) at the dimmest point on the parking lot (IESNA, 1998). Assuming
typical lighting technical parameters such as fixture efficiencies, light loss factors, and application
efficiencies (see table below), between 50,000 lumens/acre (lm/ac) and 100,000 lm/ac are
adequate to meet these needs. With typical design efficiencies, 100,000 lm/ac allows a
substantial amount of lighting for nonessential uses such as ornamental lighting, while 50,000
lm/ac has much less room for such uses. A limit of 150,000 lm/ac allows a substantial amount
of light for nonessential uses, or for less efficient designs. 50,000 lm/ac can also meet the basic
area lighting needs but will require in many cases designs that are more efficient than average
but achievable with good lighting design.
Lighting technical parameters
lm/ac
50000 50000* 100000 150000 150000*
application CU
0.5
0.7
0.5
0.5
0.7
LLF
0.65
0.65
0.65
0.65
0.65
fixture CU
0.65
0.65
0.65
0.65
0.65
parcel illuminated fraction
0.65
0.65
0.65
0.65
0.65
average illuminance (fc)
0.4
0.5
0.7
1.1
1.6
ave/min illuminance
2.1
2.9
3
3
3
minimum illuminance (fc)
0.2
0.2
0.2
0.4
0.5
* efficient design
CU= coefficient of utilization; LLF = light loss factor
Figures: 5,000/10,000 lm/ac (total nonresidential unshielded lumen budget)
Type: technical
Research shows that unshielded lighting has a dramatically increased impact on dark skies
compared to the same amount of shielded lighting. A 10,000 lumen unshielded light has a 2-
10x greater impact on dark skies than a 10,000 lumen fully shielded light (Luginbuhl, Walker
and Wainscoat, 2009).
Though there are no critical lighting needs, and very few lighting needs of any kind, which
require unshielded lighting, in some applications unshielded lighting is commonly used (for
example building façade lighting, landscape lighting, flag lighting). Despite the dramatic
37
increased impact on dark skies, the POLC allows as a compromise some unshielded lighting,
though with tight limits on the total amount. Though there is no particular lighting design or
application that dictates the figures of 5000 lm/ac or 10,000 lm/ac, these values have been
found to be a practical compromise that provides flexibility with reasonable impacts on night
skies.
Figures: 20,000 lm/residence (total residential lumen allowance); 5,000 lm/residence (total
residential unshielded lumen allowance); 5,500 lm/residence (total residential unshielded
allowance minimum)
Type: technical
Lighting needs and desires on residential properties are highly variable and subject to individual
tastes. The figures listed in the POLC are liberal, allowing as many as ten 100 W or eighteen
75 W incandescent lamps. As many as 5,000 lm/residence may be unshielded, equivalent to
about five 60 watt incandescent lamps.
Section 4.3 Lamp CCT Standard.
Figures: 4300/3000 K CCT
Type: technical
Standards for lower correlated color temperatures (CCT) limit light emissions with
wavelengths shorter (bluer) than about 500 nm (blue-green to the human eye). Light
emissions below 500nm wavelength contribute very little to vision, but have larger
demonstrated or potential negative impacts such as sky glow, glare and circadian rhythm and
health disruption (IDA, 2010). Thus, lower CCT diminishes these negative effects with
minimal impacts on efficiency, while still allowing a wide variety of available products and
design approaches to outdoor lighting. The specific figures chosen (4300 K and 3000 K) are
selected to include the majority of LED products (4300 K), and to specify "warm white" or
lower CCT (3000 K) in residential areas.
Section 4.5 “House Side” Shield Standard.
Figures: 10,000 lumens/50 feet
Type: technical
When residential properties are located adjacent to commercial properties, the potential for
the high intensity lighting commonly used on commercial properties to intrude on residential
properties requires particular attention. The POLC requires that brighter lights (10,000 lm
and greater) mounted within 50 feet of a residential property line must have an additional
shield, called a "house side shield," to limit trespass. The particular figures chosen are guided
by a general principle of requiring the additional expense of special shielding only when the
potential for light trespass is greatest.
38
Section 4.6 Curfews.
Figure: 10pm etc.
Type: non-technical
Applying curfews to decorative and area lighting that is not directly associated with security
arises from the general principle of energy conservation and the idea that the
business/advertising and safety value of lighting when businesses are not open or late at night is
reduced. This is a compromise where lighting is reduced when business or safety impacts are
minimal, even though all night hours are of equal importance to professional astronomy -
astronomy begins at sunset and ends at sunrise. The specific times chosen are suggestions
only, and must be decided on a jurisdiction by jurisdiction basis following business activity and
community goals.
Section 5. Outdoor Advertising Sign Lighting Standards.
Section 5.1.A Lighting for externally illuminated billboards.
Figure: 200 lumens/sf
Type: technical
This figure is based on recommendations of the IESNA (IESNA, 2000) as well as a survey of
510 billboard faces in the Tucson metropolitan area. In the Tucson survey, 83% of the
billboard faces used 200 lumens per square foot and less.
Section 5.2 Internally Illuminated Sign, Neon Sign, Multicolor Fixed-Copy LED Sign and
Single-Color LED Sign Lighting Standards.
Figure: “not white…”
Type: technical
A study by Luginbuhl (2002) shows that the total light output of a typical light-background
internally illuminated sign is about 7x that of a colored background sign, and 30x that of an
opaque background sign. Further, as the light emitted from internally illuminated signs is
directed sideways with 50% going upward and into the sky, the impact of such signage on
dark skies is disproportionate to the amount of light used in such signs. In other words, even
though signs do not account for a large amount of the light emitted by a city, because this light
is unshielded its impact is much greater than would be indicated by its proportion of the total
light output. In Flagstaff, where new light-background signs have been prohibited since 1989,
a survey (Luginbuhl et al., 2009) estimated that the total amount of upward-directed light
output due to signs was only 1.3% of the Flagstaff total; if these signs had used light
backgrounds this proportion would have been about 4%, 1.5x as much uplight as produced
by all hotels in the city, and almost 30x as much as produced by all roadway lighting.
39
Section 5.3.A Multicolor Changeable-Copy LED Sign Lighting Standards. Multicolor
changeable-copy LED signs.
Figure: 100 nits
Type: technical
Unlike previous technologies, digital LED billboards are designed to produce brightness levels
that are visible during the daytime; though they are adjusted to fainter levels at night, should
too large a fraction of this brightness be used at night serious consequences for driver visibility
and safety are possible. Further, like any sign, the light emitted by billboards is unshielded, and
thus has a disproportionate impact on dark skies. A review of the lighting professional literature
(Luginbuhl et al,. 2010) indicates that drivers should be subjected to brightness levels of no
greater than 10 to 40 times the brightness level to which their eyes are adapted for the critical
driving task. As roadway lighting and automobile headlights provide lighting levels of about one
nit, this implies signage directed at drivers should appear no brighter than about 40 nits.
Standard industry practice with previous technologies, based on a survey of over 70 billboards
in the Phoenix, Chicago, Los Angeles and San Francisco metropolitan areas, shows such
billboards are illuminated on average to less than 60 nits (Luginbuhl et al., 2010, with
additional data), and rarely exceeds 100 nits. As these billboards were not limited in brightness
by any regulation, it appears sensible from all perspectives to limit digital billboards to 100 nits.
Section 5.4 Curfews.
Figure: curfews
Type: non-technical
As for Section 4.7, applying curfews to sign lighting arises from the general principle of energy
conservation and the idea that the business/advertising value of signage when businesses are
not open or late at night is reduced. Specifically regarding signs, the issues for unshielded
lighting discussed above under Section 5.2 also apply. The specific times chosen are
suggestions only, and must be decided on a jurisdiction-by-jurisdiction basis following
community goals.
Section 6. Special Uses.
Section 6.1.D Illuminance
Figure: [Illuminance]
Type: technical
The illuminance requirements are based on the IESNA Recommended Practice RP-6-01
(IESNA, 2001). Allowing 10% over the recommended levels allows an engineering design
margin.
40
Section 6.2.B. Frontage Row of Vehicle Display Areas. Lumen Limit.
Figure: 60 lumens per square foot
Type: technical
The limit of 60 lm per square foot is based on efficient lighting design using metal halide
fixtures, and allows 150% of the highest illumination level listed in the IESNA recommended
practice RP-33-99 Lighting for Exterior Environments (IESNA, 1999). Lighting using white
LEDs should be able to achieve approximately 200% of the RP-33-99 recommendation.
Section 6.3.B. Service Station Canopies. Total Under-Canopy Output.
Figure: 60 lumens per square foot
Type: technical
The limit of 60 lm per square foot is based on efficient lighting design using metal halide
fixtures, and allows 150% of the highest illumination level listed in the IESNA recommended
practice RP-33-99 Lighting for Exterior Environments (IESNA, 1999). Lighting using white
LEDs should be able to achieve approximately 200% of the RP-33-99 recommendation.
41
References
IDA (International Dark-Sky Association), 2010, Visibility, Environmental, and Astronomical
Issues Associated with Blue-Rich White Outdoor Lighting
(http://docs.darksky.org/Reports/IDA-Blue-Rich-Light-White-Paper.pdf)
IESNA (Illuminating Engineering Society of North America), 1998, Roadway Lighting, IESNA
RP-20-98
IESNA (Illuminating Engineering Society of North America), 2000, The IESNA Lighting
Handbook
IESNA (Illuminating Engineering Society of North America), 1999, Lighting for Exterior
Environments, IESNA RP-33-99
IESNA (Illuminating Engineering Society of North America), 2001, Sports and Recreational
Area Lighting, IESNA RP-06-01
Luginbuhl, C.B., 2002, Light Output of Internally Illuminated Signs, presented at the
International Dark-Sky Association Annual Meeting, Tucson, Arizona, 17-19 March
2002
Luginbuhl, C.B., Walker, C.E., and Wainscoat, R. J., 2009, Lighting and Astronomy, Physics
Today, December 2009
Luginbuhl, C.B., et al., 2009, From The Ground Up I: Light Pollution Sources in Flagstaff,
Arizona, Publications of the Astronomical Society of the Pacific, 121: 185
Luginbuhl, C.B., et al., 2010, Digital LED Billboard Luminance Recommendations – How
Bright Is Bright Enough?, (draft), MAG DSSG
42
Appendix
43
Letters from Interested Parties
Keith J. Krueger
11181 E. Peralta Canyon Dr.
Gold Canyon, AZ 85118
April 20, 2011
Ms. Jami Garrison
302 North 1st Ave, Ste 300
Phoenix, AZ 85003
Re: April 19, 2011 Dark Sky Stakeholders Group meeting
Dear Ms. Garrison,
As you suggested that the participants of yesterday’s Dark Sky Stakeholders Group
meeting could submit further written comments, I am availing myself of that opportunity.
Please forgive the fact that I am not a good observer of names.
It was disappointing to see yesterday’s presenters show up so unprepared to engage the
issues to be discussed. Throughout his speech, the representative from the Arizona Sign
Association showed us example after example of what he said were effective signs. In
example after example it was pointed out to him that these signs would be legal under the
proposed Pattern Lighting Code. He did not want to engage in that discussion. He only
wanted to move to his conclusion that he opposed any regulation of sign lighting,
regardless of facts, or regardless of what is the code. Indeed this was the attitude
expressed over and over again by all of presenters at yesterday’s meeting.
The lawyer representing the presenters yesterday stated in his concluding remarks that the
astronomical community had not demonstrated the effectiveness of lighting codes to curb
sky glow. This was right after the presenter of the “Shopping Center Case Study” cited
information indicating that shopping centers in Flagstaff contribute very little to sky
glow. It was pointed out that Flagstaff is far ahead of the rest of the state in adopting
effective lighting strategies, which is the reason that shopping centers there contribute so
little to sky glow. Obviously the lawyer’s statement was contradicted by data brought
forward by one of his own people.
Two thirds of the city of Flagstaff has a lumen cap limit of 50,000 lumens per acre, and
yes, as I recall, Target has a store located in that zone, contrary to the assertions made by
the presenter of the Shopping Case Study. In the 20 or so years that Flagstaff has had this
code, no one has been sued for lack of lighting, and complaints about lighting levels are
virtually nonexistent. Are businesses in Flagstaff unsafe? No one has ever made that
claim. Do cameras work in Flagstaff? Yes, they do.
I believe firmly in the property rights of others, and that these rights are to be protected.
At the same time, it is self evident that no one owns the sky. As expressed in the Hebrew
Scriptures; “The heavens declare the glory of God, the sky shows his handiwork. Day
after day they pour forth speech, night after night they show knowledge”. The sky
belongs to all of us, and no one has the right to silence its speech, no matter how much
money they purport to make by doing so.
There has been a lot said about the importance of astronomy in the state of Arizona.
Astronomy means more to the state of Arizona than can be measured in dollars and cents
alone. It is more than the discoveries that can be made here, discoveries of near earth
asteroids, planets circling distant suns, perhaps even evidence of life on one of them some
day. In one of Carl Sagen’s most famous speeches, “The Pale Blue Dot”, he remarked
that “astronomy is a humbling and character building experience”. What is really at stake
here is character. The character of our state, that character of our citizens, and the
character of our future.
The recession that we are still mired in is forcing our state to grapple with questions like:
“When the buildings have been built, the lights have been installed, the commissions
collected, what we are left with? What will we have built? What is it that we are building
towards? It has to be more than a concrete jungle under dull canopy of a grayed out sky,
like you see in a science fiction movie that has a pessimistic view of the future. It need
not be, we can do better. Contrary to what was presented at yesterday’s meeting, the
economic costs are not onerous to prepare the state for a more engaging future, as has
been demonstrated by the city of Flagstaff for many years. All it takes is a willingness to
look anew at what can be, rather than be dictated by what is, and what was.
Light pollution does more than cause unattractive glare and sky glow in a community. It
also increases air pollution. This is a relatively new finding, so you may not have heard of
it yet. I will attach an article with this letter referencing the study that was done. What the
study shows is the Nitrogen Trioxide (NO3) helps clean the air during the night. NO3
does not form during the daytime, because light keeps it from forming. However in light
polluted areas, NO3 also does not form at night in the amounts that it should, because
artificial light also prevents if from forming, just as sunlight does. Given the urgent
necessity for Maricopa County to reduce it’s air pollution levels, every avenue of doing
so needs to be explored.
Thank you for your tireless efforts on behalf of Maricopa County.
Sincerely,
Keith J. Krueger
International Darksky Association
William J. Shaheen
10919 E Silver Mine Rd
Gold Canyon, AZ 85118
WJShaheen@aol.com
(480) 671-7707
April 20, 2011
Ms. Jami Garrison, GISP
302 North 1st Ave, Ste 300
Phoenix, AZ 85003
Re: Dark Skies Stakeholders Group 04/19/2011 Meeting
Dear Jami,
Again, thank you and Nathan for the opportunity to participate in yesterday’s
meeting. As such, I would like to submit my observations and thoughts overall.
It may be convenient to believe that proponents of the Pattern Outdoor Lighting
Code are reclusive astronomers wanting to covet and hoard to themselves the
night skies, at the expense of the businesses affected and at the reduction of
safety. That was the picture that the uncompromising opponents of the code
attempted to paint in yesterday’s meeting.
From our perspective, astronomers are in effect the “canaries in the coal mine”
who can’t help but be the first to notice the very apparent and readily visible
effects of a more fundamental underlying process: the conspicuous and gluttonous
consumption of energy. Light pollution is just one by-product of an overall social-
economic system in which we are consuming natural resources and polluting the
environment at an unsustainable rate. Therefore, it is a community obligation of
all citizens, private and corporate, to engage in efficient practices that use as much
as necessary but as little as possible.
The last thing this community needs is yet another issue to polarize us. And it is
unfortunate that the POLC opponents failed to see that intelligently planned
lighting is both efficient and effective and consequently a win-win proposition for
the community as a whole.
Now, I would like to address the specific issue of cost that was raised by the
representatives from the business community. And, mind you, we are not
unsympathetic, since we live, work and shop here as well.
In general, one does not get to defray cost by impinging on the rights of others.
The business community does not have the right to pollute my environment so
they can avoid expense, just as I, for example, do not have the right to dump my
garbage in the desert just because it would be a cost to dispose of it properly.
Expense is not an excuse. It’s simply the cost of doing business.
I’m sure the auto industry incurred increased costs when they were required to
install features we now take for granted. Few of us recall “padded dashboards”
being an amenity, much less seat belts, air bags and disk brakes. A better analogy
may be the catalytic converter – for those who do not recall the odor of a passing
car before the converter was required, again, reluctantly by the auto industry.
Also, there were several issues identified that can be easily mitigated. For
example, the issue of what to do about a sign board in a shopping mall in which
all the stores don’t close at the same time. There assertion that the sign casing
would have to be taken off its concrete foundation and be retrofitted is a stretch to
say the least. The ruling could simply be turn off the entire sign when the last
store closes. And even at that, the modern sign boards really are not the issue they
once were. In fact, many of the facilities they showed as having to be replaced
already comply with the code, due to their recent development. Not one of the
signs that were presented as effective by the Arizona Sign Association is the
problem. There are, however, some newer signs that could be a problem.
It is unfortunate, but not surprising, that at the close of yesterday’s meeting the
business representatives chose such a staunch and uncompromising position.
Hopefully, we can work with them, as well as community managers, to arrive at
solutions that we can all live with, and breathe a little better about.
Sincerely,
William J. Shaheen
Superstition Mountain Astronomical League
Cc: Nathan Pryor, MPA
1
Jami Garrison
From:
Bob Christ [bchrist@tolisgroup.com]
Sent:
Monday, April 25, 2011 3:44 PM
To:
Jami Garrison
Subject:
Phoenix dark sky issue
Hello Heidi, I am providing the following content FYI. I am sending it to our politicians and others that may
have influence to protect our night sky. Thank you.
---------------------------------------------
The following message is time-gated, my apologies. Action before May 17th is requested.
Who cares about unfettered visual access to the wonders of the night’s sky? Clearly anyone that simply does
not care, or those individuals willing to prostitute themselves to make the almighty dollar (a much more
dangerous group). In this camp the organizations of: Arizona Association of Retailers, Arizona Food
Marketing Alliance, Arizona Bankers Association, Arizona Sign Association, and International Council
of Shopping Centers must be included.
The sky cannot speak for itself, and we as prudent human stewards must provide the “voice.”
The Maricopa Association of Governments (MAG) Dark Sky Stakeholder Group is actively engaged in
discussions regarding initiatives that will have a severe impact on the ability to view the night sky.
The scary part is the rationale and misstated facts of parties interested to press their agendas forward
at the cost of further losing access to a dark sky. I was told one mall developer simply stated “there is
no light pollution issue” and summarily dismissed the topic.
Why should we care?
Significant research has been published that proves both humans, and other animals, need darkness at nighttime
to achieve optimal mental and physiological health. Want to bet some of the behaviors we are seeing with
increased frequency are not environmentally induced – I will not.
Too, dark skies are needed to perform important research, including that of the early identification of asteroids
that can send us into extinction should the Earth be impacted before we can react. This is a very real issue, not
science fiction.
One only needs to drive eastward from California toward Phoenix on Route 10 to view the impact to our sky.
Over 100 miles from Phoenix, the visible light generated by ambient and misdirected light fixtures already
creates a parabolic dome that extends some 30 degrees above the horizon, totally obscuring that portion of the
sky. One in the Valley needs only look outside in the late evening to see how few stars (less than 100) are
visible in contrast to those that should be visible (thousands).
When we moved into the Valley some 12-years ago my family and I attended an astronomy presentation in the
White Mountains. Following the presentation the lights were turned-off for telescope viewing and the Milky
Way became visible like a long, cloud band in the sky. Oooohs and ahhhhs of amazement were uttered by most
everyone. That same exercise today results in a delivered sky that is slight darker than Phoenix and no Milky
Way is visible. The shame of it; we are losing the night sky.
2
The USA was once a technology leader but this cannot be said now; especially regarding astronomy. Future
astronomers are not germinated because the wonder of the sky is now not part of a young person’s
consciousness. They have never seen a truly dark sky and there is no wonderment generated. This too is a
shame.
From a purely mercenary perspective, Arizona benefits significantly from the research and attendant dollars
spent to conduct astronomy-related research. Light up the Arizona sky, and the resources and dollars will flow
elsewhere.
Correcting the light-pollution ills already facing us is a task that will take time and support to achieve. Such
corrections are, and have been, implemented by forward-thinking cities and countries around the globe. The
immediate need is to prevent further encroachment on our night skies, here, in our Phoenix backyard.
The next MAG meeting is scheduled for May 17th, and the group is looking for input prior to the session.
I ask for your support to help assure the concerns I raise as well as those supplied to you by others “in the
know” are understood and brought to “good light.” Otherwise, the future of access to the sky will be mortgaged
for the benefit of a few in the short-term.
And this would certainly be a shame from many perspectives.
Thank you kindly,
Bob Christ
bchrist@tolisgroup.com
480.473.0966
A concerned citizen that must “remember” the beauty of the sky versus view it.
Bob Christ
TOLIS Group, Inc.
bchrist@tolisgroup.com
Ph: 480.505.0488 x228
Fax: 480.505.0492
www.tolisgroup.com
The Data Backup & Recovery Experts
Keith J. Krueger
11181 E. Peralta Canyon Dr.
Gold Canyon AZ, 85118
August 8, 2011
Ms. Jami Garrison
Socioeconomic Research Program Manager
Maricopa Association of Governments
302 N. 1st Ave, Ste 300
Phoenix, AZ 85003
Dear Ms. Garrison,
I have reviewed the Resource Guide and Report that was developed for the MAG Dark
Sky Stakeholder’s group and distributed last month, and I attended the Dark Sky
Stakeholder’s meeting that was held on July 26th, 2011.
The Arizona Sign Association asserts in their letter of October 2010 that the Model
Lighting Ordinance published by the International Darksky Association, and the
Illuminating Engineering Society, proposes to exempt sign lighting from curfew
requirements. I am attaching a copy of the final adopted version of this MLO, so that you
can confirm for yourself that there is no such exemption proposed for sign lighting. The
relevant portion can be found on page 10 of the ordinance text.
During the meeting that occurred on July 26th, Tab Bommarito, of Arizona Fish and
Game, made the constructive observation that perhaps our discussion has focused too
much on the benefits to the astronomical community that well enforced lighting codes
provide. In addition to preserving dark skies, which itself draws people to our state and
increases business, dark skies also lay the foundation for a healthy habitat environment
that people come to our state to enjoy in the daytime. In addition, lighting codes offer the
opportunity for communities create warm, welcoming, and aesthetically pleasing night
time environments by doing away with “glare bomb” lighting, that make a community
look like a prison yard or junk yard at night.
Tab also made reference to the increasingly well documented negative effects that light
pollution can have on human health. In support of this observation, I am attaching a
research article that was done at the University of Connecticut and a letter from Dr.
Steven Lockley, of the Harvard Medical School. It has long been known that women in
industrialized and urbanized counties are much more likely to develop breast cancer.
What was not well known until recently is the mechanism behind this correlation. The
past 15 years have produced a mountain of evidence pointing toward light pollution.
The fact is that life on our planet, at least life that exists on or near the surface of the
planet, including human life, is adapted for functioning in an environment that
experiences both light, and darkness. This is the way the Earth was formed, and man can
not improve upon it.
It is said that when Teddy Roosevelt was brought to the Grand Canyon, he gazed out over
the vista and, after a long pause, said: “Leave it as it is. Just leave it as it is”. “Leave it as
it is” describes the prescription most suitable to the night sky as well. As trustees for
those who will follow us, it is incumbent upon us to act as faithfully as did those who
preserved that Grand Canyon for us, as it is.
Sincerely,
Keith J. Krueger
Section Leader
International Darksky Association
Attachments:
1 – Coalition Response to Resource Guide
2 – International Dark Sky Model Lighting Ordinace (MLO) (page 10 excerpt)
3 – Artificial lighting in the industrialized world: circadian disruption and breast cancer
4 – Dr. Steven Lockley letter on effects of street lighting
July 25, 2011
To: Dark Sky Stakeholders Group
From: The Coalition for Safe and Responsible Lighting
Re: The Proposed Resource Guide and Report
The Coalition for Safe and Responsible Lighting has some serious concerns with the Proposed Resource Guide and
Report. The following is a summary of our concerns for your consideration:
The Resource Guide and report does not take into account the costs to businesses that would be incurred to
comply with the changes provided by the model code.
The Coalition has some serious concerns with proposed sign regulations, including the proposed color
limitations, sign curfews, and the restrictive night time illumination level for electronic message centers.
The Resource Guide should be based on environmentally, safety and fiscally responsible lighting standards, not
just to protect the astronomy community’s interests. The approach in the Resource Guide will create an undue
hardship and economic impact on the business community.
Business stakeholders have strong concerns that the Resource Guide does not provide for the safety and
security of customers.
The Resource Guide does not address the primary cause of “light pollution” such as freeways, streetlights and
ball fields.
The Resource Guide holds businesses accountable for costly changes but does not require the municipalities to
comply with these standards.
The Pattern Outdoor Lighting section of the Resource Guide is unnecessary as cities are currently working well
with local businesses to address responsible lighting practices and light pollution in the their cities.
The Coalition for Safe and Responsible Lighting appreciates your consideration of our concerns.
President and CEO
Greater Phoenix Chamber of
Commerce
Richard Hubbard
Richard Hubbard
CEO/President
Valley Partnership
Tim McCabe
President
Arizona Food Marketing
Steve Helm
Arizona State Director
International Council of
Shopping Centers
Michelle Ahlmer
Executive Director
Arizona Retailers Association
Stacey J. Langford
V.P. Member Services
Arizona Bankers Association
James Carpentier
James B. Carpentier, AICP
State & Local Government
Affairs Manager
International Sign Association
Michael Mayhew
Southern RM/CA Commercial
Regional Manager
Daktronics
Raymond Owens
Raymond Owens
President
Arizona Sign Association