Midway council approves ordinance allowing commercial soffit lighting with limits

Midway — The Midway City Council voted to amend and adopt an ordinance changing the city's lighting code to allow commercial soffit lighting in specified commercial and resort zones, while keeping current prohibitions on soffit lighting in residential zones.

The ordinance, identified in the meeting as Ordinance 2025-O2 and discussed as a code text amendment to Title 5 of the Midway Municipal Code, permits commercial soffit lights in C-2, C-3 and resort zones provided the light source is not visible from the boundary of any property zoned residential (i.e., full cutoff from residential vantage points). The council removed a proposed condition that would have required those lights to be off outside business hours.

Planning staff described the existing code as prohibiting soffit lighting and recessed soffit lighting except when directly over a porch or deck, without distinguishing commercial from residential properties. Staff said the amendment is intended to allow an exception only in commercial zones where the fixtures are not visible from adjacent residential properties and meet a full-cutoff condition. String lights remain allowed without time restrictions.

Council members debated enforceability and aesthetic impact during more than an hour of discussion. Concerns raised included how to quantify whether soffit lighting is "too bright," how to administer lumen- or color-temperature limits, and whether removing the business-hours restriction would undercut protection for nearby residences. A general contractor representing an applicant told the council his client had installed soffit lights without realizing they conflicted with the current code and said the lights were dimmed and on a warm setting.

Council Member Craig and others said they had driven the downtown area and believed existing commercial lighting was generally acceptable; others expressed design concerns that soffit fixtures can cast broad light down building walls and produce a different look than decorative string lights. Staff noted building permits are reviewed and inspections occur and that enforcement tools for businesses include business-license oversight.

The motion to adopt the ordinance as amended (removing the provision that soffit lights be restricted to business hours) passed on council roll call: JC, Lisa, Jeff and Craig voted aye; Kevin voted nay. The council asked staff to monitor complaints and consider potential code refinements such as numerical limits, cutoff definitions, or clarifying language for commercial vs. commercial-adjacent properties.

The ordinance change applies only to the commercial zones specified; existing restrictions for residential properties remain in effect. Staff said the city enacted the current soffit-lighting prohibition in 2022 and that the amendment is a code text change rather than an individual permit.

Council members and staff agreed to revisit enforcement language or add clarifying measures if complaints arise, but the council did not require a sunset or automatic review date as part of the approved ordinance.

Votes at a glance

Ordinance 2025-O2 (amend Title 5 — commercial lights): adopted as amended (provision restricting operation to business hours struck by council vote). Vote tally: Yes 4, No 1.