Revised Tucson and Pima County Arizona
Outdoor Lighting Control Ordinances
|Text of the ordinance is courtesy of the International Dark-Sky Association|
|Ordinance No. 8210.
Tucson/Pima County Outdoor Lighting Code, 1994 Edition|
(This is the City of Tucson version, with a few notes of differences to the County Code.)
Passed by the Mayor and Council of the City of Tucson, Arizona, 21 March 1994.
Section 1. Purpose and Intent. The purpose of this Code is to provide standards for outdoor lighting so that its use does not unreasonably interfere with astronomical observations. It is the intent of this Code to encourage, through the regulation of the types, kinds, construction, installation, and uses of outdoor electrically powered illuminating devices, lighting practices and systems to conserve energy without decreasing safety, utility, security, and productivity while enhancing nighttime enjoyment of property within the jurisdiction.
Section 2. Conformance with Applicable Codes. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this Code, the Building Code, the Electrical Code, and the Sign Code of the jurisdiction as applicable and under appropriate permit and inspection.
Section 3. Approved Materials and Methods of Construction or Installation/Operation. 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. The building official may approve any such proposed alternate providing he finds that it:
a. provides at least approximate equivalence to that applicable
specific requirements of this Code
b. is otherwise satisfactory and complies with the intent of this Code; or
c. has been designed or approved by a registered professional engineer and content and function promotes the intent of this Code.
|Section 4. Definitions. As used in this Code, unless the context clearly indicates, certain word and phrases used in this chapter shall mean the following:|
Sec. 4.1. "Person" means any individual, tenant, lessee, owner, or any
commercial entity including but not limited to firm, business,
partnership, joint venture or corporation.
Sec. 4.2. "Installed" means the attachment, or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.
Sec. 4.3. "Outdoor light fixture" means outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to search, spot, and flood lights for:
1. buildings and structures;
Sec. 4.4. "Area A" means the circular area, thirty-five miles in radius, the center of which is the center of the Kitt Peak National Observatory; the circular area, twenty-five miles in radius, the center of which is the center of Mount Hopkins Observatory; while the boundary lines for Area A around Mt. Lemmon are defined as: The Pinal County line on the north, along the center line of the Santa Cruz River, to the center line of the Rillito Creek, to the center line of Tanque Verde Creek with the junction to the northern border of the Saguaro National Monument, then along that border until it ends on the east side and bends east to the County line.
Sec 4.5. "Area B" means all area outside Area A and outside the territorial limits of every Indian reservation lying wholly or partially within Pima County.
|Section 5. Shielding. All nonexempt outdoor lighting fixtures shall have shielding as required by Table 5 of this Code.|
Sec. 5.1. "Fully shielded" means outdoor light fixtures shielded or
constructed so that no light rays are emitted by the installed fixture
at angles above the horizontal plane as certified by a photometric test
Sec. 5.2. "Partially shielded" means outdoor light fixtures shielded or constructed so that no more than ten percent of the light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.
Section 6. Filtration. Metal halide fixture lamps types shall be filtered.
"Filtered" means any outdoor light fixture which has a glass, acrylic, or
translucent enclosure of the light source (quartz glass does not meeting
Section 7. Outdoor Advertising Signs.
Sec 7.1. Top Mounted Fixtures Required. Lighting fixtures used to
illuminate an outdoor advertising sign shall be mounted on the top of
the sign structure. All such fixtures shall comply with the shielding
requirements of Section 5 and the time controls of minor Section 9.5.
(The County has made an exception for some of the largest signs, but
tight restrictions are given for lighting performance.)
Sec. 7.2. (City only.) Prohibitions. See Section 9.5 for prohibitions.
Sec. 7.2. (County only.) Compliance Limit. Existing outdoor advertising structures shall be brought into conformance with this Code within three years from the date of adoption of this provision.
Sec. 7.3. (County only.) Prohibitions. Electrical illumination of outdoor advertising off-site signs is prohibited in Area A. Electrical illumination of outdoor advertising off-site signs between the hours of 11:00 p.m. and sunrise is prohibited in Area A.
|Section 8. Submission of Plans and Evidence of Compliance with Code- Subdivision Plats.|
Sec 8.1. 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. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be part or in addition to the information required elsewhere in the laws of this jurisdiction upon application for the required permit:
1. plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices;
2. description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);
3. photometric data, such as that furnished by manufacturers, or similar showing the angle of cut off or light emissions.
Sec 8.2. Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily determine whether compliance with the requirements of this Code will be secured. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory.
Sec. 8.3. Subdivision Plat Certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the Tucson/Pima County Outdoor Lighting Code will be adhered to.
Sec 8.4. 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 building official for his approval, together with adequate information to assure compliance with this code, which must be received prior to substitution.
|Section 9. Prohibitions.|
Sec 9.1. Mercury Vapor Lamps Fixtures and Lamps. The installation, sale, offer for sale, lease or purchase of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.
Sec 9.2. Certain Other Fixtures and Lamps. The installation, sale, offering for sale, lease or purchase of any low pressure sodium, high pressure sodium, metal halide, fluorescent, quartz or incandescent outdoor lighting fixture or lamp the use of which is not allowed by Table 5 is prohibited.
Sec 9.3. Laser Source Light. Except as provided in minor Section 9.4, the use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.
Sec 9.4. Searchlights. The operation of searchlights for advertising purposes is prohibited in Area A and is prohibited in unincorporated Pima County. In the territorial limits of the City of Tucson, the operation of searchlights for advertising purposes is prohibited in Area A and is prohibited in Area B between 10:00 p.m. and sunrise the following morning.
Sec. 9.5. (City only.) Outdoor Advertising Off-Site Signs. Electrical illumination of outdoor advertising off-site signs is prohibited in Area A. Electrical illumination of outdoor advertising off-site signs between the hours of 11:00 p.m. and sunrise is prohibited in Area B.
|Section 10. Special Uses.|
Sec 10.1. Recreational Facilities. Any light source permitted by this Code may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, auto race tracks, horse race tracks or show areas, provided all of the following conditions are met:
a. Lighting for parking lots and other areas surrounding the playing field, court, or track shall comply with this Code for lighting in the specific Area as defined in Section 4.4 and 4.5 of this Code.
b. All fixtures used for event lighting shall be fully shielded as defined in Section 5 of this Code, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.
c. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
Exception: (City only.) Any portion of a recreational facility located within 300 feet of a road or street designated as a scenic route shall be lighted using only fixtures approved for use under this Code for the Area, as defined in Section 4.4 and 4.5 of this Code, in which said recreational facility is located.
Exception: (County only.) Recreational facilities located along roads and streets designated as scenic routes shall be lighted using only fixtures approved for the Area in which they are located.
Sec. 10.2. Outdoor Display Lots. Any light source permitted by this Code may be used for lighting of outdoor display lots such as, but not limited to, automobile sales or rental, recreational vehicle sales, or building material sales, provided all of the following conditions are met:
a. Lighting for parking lots and other areas surrounding the display lot shall comply with this Code for lighting in the specific area as defined in Section 4.4 and 4.5 of this Code.
b. All fixtures used for display lighting shall be fully shielded as defined in Section 5 of this Code, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, or glare.
c. Display lot lighting shall be turned off within thirty minutes after closing of the business. Under no circumstances shall the full illumination of the lot be permitted after 11:00 p.m. Any lighting used after 11:00 p.m. shall be used as security lighting.
|Section 11. Temporary Exemption|
Sec 11.1. Request; Renewal; Information Required. Any person may submit a written request, on a form prepared by the jurisdiction, to the building official for a temporary exemption request. A temporary exemption shall contain the following information:
1. specific exemption or exemptions requested;
Sec. 11.2. Approval; Duration. The building official shall have five business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than thirty days from the date of issuance of the approval. The approval shall be renewable at the discretion of the building official upon a consideration of all the circumstances. Each such renewed exemption shall be valid for not more than thirty days.
Sec 11.3. Disapproval; Appeal. If the request for temporary exemption is disapproved, the person making the request will have the appeal rights provided in Section 13.
|Section 12. Other Exemptions.|
Sec 12.1. Nonconformance
1. Mercury vapor lamps in use for outdoor lighting on the effective date of the ordinance codified in this chapter shall not be so used.
2. (City.) Bottom-mounted outdoor advertising sign lighting shall not be used.
2. (County) Bottom-mounted outdoor advertising sign lighting shall not be used, except as provided in Section 7.
3. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified in this chapter are exempt from all requirements of this Code except those regulated in Section 7 and in minor Sections 9.3 and 9.4 and in Section 10. There shall be no change in use or lamp type, or any replacement or structural alteration made, without conforming to all applicable requirements of this Code.
Sec. 12.2. Fossil Fuel Light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this Code.
Sec 12.3. State and Federal Facilities. Outdoor light fixtures installed on, and in connection with those facilities and land owned or operated by the federal government or the state of Arizona, or any department, division, agency or instrumentality thereof, are exempt from all requirements of this Code. Voluntary compliance with the intent of this Code at those facilities is encouraged.
|Section 13. Appeals.|
Any person substantially aggrieved by any decision of the building official made in administration of the Code has the right and responsibilities of appeal to the Advisory/Appeals Board of this jurisdiction.
Section 14. Law Governing Conflicts.
Where any provision of federal, state, county, or city statutes, codes, or laws conflicts with any provision of this code, the most restrictive shall govern unless otherwise regulated by law.
Section 15. Violation.
It shall be a civil infraction for any person to violate any of the provisions of this Code. Each and every day during which the violation continues shall constitute a separate offense.
|Section 16. Enforcement and Penalty.|
Sec 16.1. [City only] Pursuant to Section 28-12 of the Tucson Code:
1. When a violation of this Code is determined, the following penalty shall be imposed:
a. A fine of not less than fifty dollars nor more than one thousand dollars per violation. The imposition of a fine under this Code shall not be suspended.
b. Any other order deemed necessary in the discretion of the hearing officer, including correction or abatement of the violation.
2. Failure of a defendant to comply with any order contained in a judgment under this Code shall result in an additional fine of not less than fifty dollars nor more than one thousand dollars for each day the defendant fails to comply.
Sec. 16.1. [County only] A violation of this Code is considered a civil infraction. Civil infractions shall be enforced through the hearing officer procedure provided by A.R.S. Section 11-808 and Sections 18.95.030, 18.95.040, and 18.101.60 of this Code [The numbering scheme of the Sections is different in the County Code]. A fine shall be imposed of not less than fifty dollars nor more than seven hundred dollars for any individual or 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.