108-16-5 Exemptions

The following artificial light sources are exempt from the requirements of this chapter: Agricultural lighting. Lighting for agricultural uses; Federal and state flag lighting. The outdoor lighting of a United States or State of Utah official flag, provided it is in compliance with the following: The light shall be downward directed from the top of the flag pole; The light shall be as narrow a beam as possible and aimed and shielded to illuminate, to the best effort practicable, only the area which the flag occupies in all wind conditions; and The light level shall be minimized to create the least amount of impact on the dark sky, while still offering noticeable illumination of the flag; Federal and state facilities lighting. Federal and state facilities are exempt from the requirements of this chapter. However, they are encouraged to cooperate and to coordinate with the city during the construction of their facilities to be in compliance with this chapter; Fossil fuel lighting. Fossil fuel light, produced directly by the combustion of natural gas or other utility-type fossil fuels; Holiday or festive lighting. Holiday or festive outdoor lighting for residential uses, provided it is in compliance with the following: That the lighting shall not create a hazard or glare nuisance; and That the lighting shall be temporary in nature and not permanently installed. It shall be removed within a reasonable time after the end of the holiday or festive event, but at least once per year; Low output light source. An artificial light source having an output equal to or less than 105 lumens, provided that the cumulative lumen output of all low output light sources shall not exceed a ratio of one and one-half lumens per square foot of cumulative area intended to be illuminated. This ratio shall be calculated by combining the total lumen output of each low output light source divided by the square footage of the area intended to be illuminated. The low output light sources shall be distributed across the area intended to be illuminated and not organized in a focused location. Low output light sources are exempt from the requirements of this chapter so long as they comply with the definition and use outlined in this section, except that a low output light source may not be integrated into a new or replacement outdoor light fixture that is either: rated to produce a lighting output that exceeds 105 lumens; or does not conform to the shielding requirements of section 108-16-3(a); Mobile lighting. Lighting affixed to a vehicle, provided the lighting is not intended for the stationary illumination of an area; Motion sensor controlled light source with an integrated camera system. A motion controlled artificial light source with an integrated camera system, provided it is in compliance with the following: The light output is equal to or less than 1,800 lumens; The color temperature of the light source does not exceed 5,000 degrees kelvin; The motion sensor is set to turn the artificial light source off two minutes after the last detection of motion; Lighting shall not be triggered by any activity outside the property boundary; and The artificial light source is sufficiently shielded in a manner that prevents light trespass; Safety or security lighting. For the sole purpose of mitigating legitimate and verifiable safety or security hazards, the land use authority may exempt an artificial light source if it is shown to be necessary. The land use authority may apply reasonable conditions to ensure optimal compliance with the purpose and intent of this chapter. Evidence demonstrating that it is necessary shall be one or both of the following: Submitted proof of lighting requirements from a property insurance company that demonstrates that compliance with this chapter will render the property uninsurable. The minimum amount of lighting required by the property insurance company shall be considered the maximum for the purposes of this chapter; or Submitted reasonable research findings, from a qualified professional, as defined by section 101-1-7, that offer a compelling argument for the need for the exemption. However, if the land use authority is aware of other research findings that refute what is submitted, then the land use authority must determine which research findings are more persuasive under the circumstances. If the land use authority grants the exemption, then the minimum amount of lighting necessary to ensure appropriate safety or security, as recommended by the qualified professional, shall be considered the maximum for the purposes of this chapter; Occasional event lighting. Outdoor lighting intended for an occasional event, such as a wedding, party, social gathering, or other similar event that occurs on an occasional basis, provided it is in compliance with the following: Occasional event lighting shall be turned off by 10:30 p.m. and any remaining lighting shall comply with this chapter; and Occasional events shall not occur more than twice per month; Underwater lighting. Underwater lighting in a swimming pool or other water feature provided it is not intended to illuminate features above water; Temporary public agency lighting. Temporary outdoor lighting in use by law enforcement or a government agency or at their direction; Tower lighting. Tower lighting required by the FAA or the FCC, provided that it shall not exceed the minimum requirements of those agencies. Collision markers shall have a dual mode for day and night to minimize impact to the night sky and migrating birds; and Traffic control devices. Traffic control devices and signals.