(A) General.
(1) Design and intensity of lighting shall be architecturally integrated with the building style, material and color. Lighting shall be designed and located to ensure that excessive light spillage and glare, especially toward neighboring areas and motorists, are avoided. All parking and street lighting provided shall be aimed downward and provide shield covers to direct light in such a manner.
(2) Down lighting shall be used to reinforce the circulation corridor. Pedestrian scale lights, such as ornamental poles, shall be used on sidewalks instead of street lights; street lights shall match existing town streetscape lights. Low light sources should be used on other walking paths and greenways.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIXTURE. The assembly that holds the lamp (bulb) in the lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing and the attachment parts.
FLOODLIGHT. A luminaire or bulb which projects light in a specific direction in a wide beam, typically 100 degrees or more.
FOOTCANDLE. The American unit used to measure the total amount of light cast upon a surface (illuminance). One footcandle is equivalent to the illuminance produced by a source of one candle at a distance of one foot. For example, the full moon produces .01 S. “S” are measured with a light meter. One footcandle is approximately equal to ten lux, the British unit used to measure illuminance.
FULL CUTOFF (FCO). A light fixture that cuts off all upward transmission of light.
FULLY SHIELDED. A fixture with housing or attachment thereto which prevents a line of sight to the bulb when viewed from another property and which prevents a line of sight to any part of the light source at or above a horizontal plane running through the lowest portion of the fixture.
GLARE. Discomfort experienced by an observer with a direct line of sight which often results in annoyance, discomfort or loss of visual performance causing visual impairment.
HORIZONTAL (OR VERTICAL) FOOTCANDLES. The amount of light striking a vertical or horizontal plane.
IESNA. Illuminating Engineering Society of North America.
LIGHT SOURCE. The bulb and lens, diffuser or reflective enclosure.
LIGHT TRESPASS. Light projected onto a property from fixtures not located on that property.
LUMEN. The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a 60-watt incandescent lamp produces 950 lumens while a 55-watt low pressure sodium lamp produces 8,000 lumens.
NEON SIGNS. Luminous tube sign that contains neon or other inert gasses at a low pressure.
SPOTLIGHT. A luminaire or bulb which projects light in a specific direction in a narrow beam, typically 45 degrees or less.
(C) Regulation.
(1) It is unlawful for any person, firm or corporation to install, erect or maintain any floodlight, searchlight, security light or other form or type of light source within the limits of the town in such manner that the light rays from this lighting fail to conform with the terms and conditions of this section, and that the light thereof may distract the attention of any vehicle driver from the operation of a vehicle in a safe and prudent manner.
(2) On all properties except those zoned R1 and R2, the installation or replacement of any outdoor lighting fixtures shall require approval. Approval may not be issued unless the proposed installation is found by the Zoning Administrator to conform to all applicable provisions of this section.
(3) All properties within the town and the ETJ must comply with the terms of this section.
(D) Light trespass. The maximum illumination at five feet inside an adjacent residential parcel or public right-of-way, or beyond, from light emitted from an artificial light source, is 0.05 horizontal footcandles and 0.05 vertical footcandles. This illumination likewise measured inside an adjacent commercial or industrial parcel or on a public roadway, or beyond, shall not exceed 0.1 horizontal footcandles or 0.1 vertical footcandles. No line of sight to a glaring light source is permitted from five feet or more inside a residential or public right-of-way property line by an observer viewing from a position that is level with or higher than the ground below the fixture. Compliance is achieved with fixing shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim or a combination of these factors.
(E) General lighting design.
(1) General.
(a) The bulbs in outdoor light fixtures emitting from 600 to 1,200 lumens shall be frosted glass or covered by frosted glass or other similarly translucent cover. An outdoor light fixture emitting more than 1,200 lumens, except motion detector-activated lighting shall be full cutoff and fully shielded to an observer at the property line. This can be achieved with fixture location, mounting height, natural artificial barriers on the fixture owner’s property, fixing shielding and other fixture design features.
(b) A spotlight of less than 1,800 lumens need not be full cutoff or covered by a translucent cover if its center beam is aimed at a point not beyond any property lines and no higher than 45 degrees below the horizontal, and is motion detector-activated and cycles off after five minutes.
(c) Generally, luminaries should not be located closer to the property line than a distance equal to three times the fixture’s mounting height above grade at the property line.
(d) The use of search lights, laser lighting or lights that pulse, flash, rotate or stimulate motion for advertising or promotions is prohibited.
(e) Emergency lighting and traffic control lighting is exempt.
(f) Tower lighting shall not be permitted unless required by FAA. Required lighting shall be of the lowest allowed intensity and red unless specifically forbidden under FAA requirements.
(g) At the close of business, all lighting shall be reduced to a level not greater than those described in division (D)(5) below.
(h) With the exception of structures having exceptional symbolic significance in the community such as churches and/or public buildings of historic significance in the community, exterior buildings and other vertical structures shall not be illuminated. When buildings and other structures having symbolic or historic significance are to be illuminated, the design for the illumination must be approved by the Preserve America Commission.
(2) Buildings and other vertical structures.
(a) The maximum illumination on any vertical surface or angular roof surface shall not exceed five footcandles.
(b) Lighting fixtures shall be carefully located, aimed and shielded so that light is directed only onto the building surface. Lighting fixtures shall not be directed toward adjacent streets or roads.
(c) Lighting fixtures mounted on the building and designed to “wash” the building surface with light are preferred.
(d) To the extent practicable, lighting fixtures shall be directed below the horizontal rather than above the horizontal.
(3) Landscaping. When landscaping is to be illuminated, the Planning Board shall first approve a landscape lighting plan that presents the purpose and objective of the lighting, shows the location of all lighting fixtures and what landscaping each is to illuminate and demonstrates that the installation will not generate excessive light levels, cause glare or direct light beyond the landscaping into the night sky.
(a) The average level of illumination on the vertical surface of the sign shall not exceed three footcandles, and the ratio of average to minimum illumination shall not exceed two to one (2:1).
(b) Lighting fixtures illuminating signs shall be carefully located, aimed and shielded so that light is directed only onto the sign facade. Lighting fixtures shall not be aimed toward adjacent streets, roads or properties.
(c) Light fixtures illuminating signs shall be of a type such that the light source is not directly visible from adjacent streets, roads or properties.
(d) To the extent practicable, fixtures used to illuminate signs shall be top-mounted and directed below the horizontal.
(5) Parking lot lighting. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or streets.
(a) All lighting fixtures serving parking lots shall be cut-off fixtures.
(b) Mounting heights of lighting fixtures shall not exceed 20 feet.
(c) The minimum overall illumination level shall be no less than 0.4 footcandles. The ratio of the average illumination to the minimum illumination shall be four to one (4:1).
(d) The maximum overallaverage illumination level shall not exceed one and one-half footcandles.
(6) Lighting levels on exterior display/sales areas.
(a) Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in these locations during business hours. Lighting of these areas shall not be used to attract attention to the businesses, but rather the merchandise. Signs allowed under local ordinances are to be used for the purpose of advertising a business.
(b) The applicant shall designate areas to be considered display/sales areas and areas to be used as parking or passive vehicle storage areas. This designation must be approved by the Planning Board.
1. Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the requirements for parking areas suggested elsewhere in this section.
2. Areas designated as exterior display/sales areas shall be illuminated so that the average horizontal illuminance at grade level is no more than five footcandles. The ration of average to minimum illuminance shall be no greater than four to one (4:1). The average and minimum shall be computed for only that area designated as exterior display/sales area.
3. Light fixtures shall be full cut-off fixtures and shall be located, mounted, aimed and shielded so that direct light is not cast onto adjacent streets or properties.
4. Fixtures shall be mounted no more than 20 feet above grade and mounting poles shall be located either inside the illuminated area or no more than ten feet away from the outside edge of the illuminated area.
(7) Lighting of walkways/bikeways and parks. Where special lighting is to be provided for walkways, bikeways or parks, the following requirements shall apply.
(a) The walkway, pathway or ground area shall be illuminated to a level of no more than 0.5 footcandles.
(b) The vertical illumination levels at a height of five feet above grade shall be no more than 0.5 footcandles.
(c) Lighting fixtures shall be designed to direct light downward, and light sources shall have an initial output of no more than 1,000 lumens.
(8) Lighting of gasoline stations/convenience store aprons and canopies. Lighting levels on gasoline station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in those locations. Lighting of these areas shall not be used to attract attention to the businesses. Signs allowed under local ordinance are to be used for that purpose.
(a) Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas set forth elsewhere in this section. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.
(b) Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is no more than 5.5 footcandles. The ratio of average to minimum illuminance shall be no greater than four to one (4:1). This yields an average illumination level of no more than 22 footcandles.
(c) Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees beyond the vertical plane.
(d) As an alternative to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.
(e) Lights shall not be mounted on the top or sides of the canopy and the sides of the canopy shall not be illuminated.
(9) Lighting of outdoor facilities. Outdoor nighttime facilities (concerts, athletic contests and the like) have unique lighting needs. Illumination levels vary, depending on the nature of the activity. The regulations in this section are intended to allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted illumination of surrounding streets and properties and reducing energy consumption. The design plan shall include a discussion of the lighting requirements of various areas and how those requirements will be met.
(1) (a) Outdoor lighting installations involving the installation or replacement of two or fewer lighting fixtures may be approved by the Zoning Officer; provided that, no single lamp exceeds 150 watts, and that the total wattage of all bulbs in all fixtures does not exceed 300 watts. All other installations must be approved by the Planning Board.
(b) The applicant shall submit to the town sufficient information, in the form of an overall exterior lighting plan, to enable the town to determine that the applicable provisions will be satisfied.
(2) The lighting plan shall include at least the following items:
(a) A site plan, drawn to scale of 1 inch equals no more than 20 feet, showing buildings, landscaping, parking areas and all proposed exterior lighting fixtures;
(b) Specifications for all proposed lighting fixtures including photometric data, designation as full cut-off fixtures and other descriptive information on the fixtures;
(c) Proposed mounting height of all exterior lighting fixtures;
(d) Analyses and illuminance level diagrams showing that the proposed installation conforms to the lighting level standards in this section; and
(e) Drawings of all relevant building elevations showing the fixtures, the portions of the wails to be illuminated, the illuminance levels of the walls and the aiming points for any remote light fixtures.
(3) (a) Wherever practicable, lighting installations shall include timers, dimmers and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.
(b) When an outdoor lighting installation is being modified, extended, expanded or added to, the entire outdoor lighting installation shall be subject to the requirements of this section.
(c) Expansions, additions or replacements to outdoor lighting installations shall be designed to avoid harsh contrasts in color and/or lighting levels.
(d) Electrical services to outdoor lighting fixtures shall be underground, unless the fixtures are mounted directly on utility poles.
(e) Proposed lighting installations that are not covered by the special provisions in this section may be approved only if the Planning Board finds that they are designed to minimize glare, do not direct light beyond the boundaries of the area being illuminated or onto adjacent properties or streets, and do not result in excessive lighting levels. In general IESNA standards shall be used to determine the appropriate lighting design.
(f) For the purpose of these regulations, the mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture.
(g) The Planning Board may modify the requirements of this section if it determines that, in so doing, it will not jeopardize achievement of the intent of these regulations.
(G) Exemptions.
(1) The temporary use of low wattage or low voltage lighting for public festivals, celebrations and the observance of holidays is exempt from this section, except where they create a hazard or nuisance from glare. However, consideration to light trespass requirements shall be demonstrated prior to commencing the use of the temporary lighting.
(2) All other lighting existing or installed on the date of this section which does not conform with this section shall be exempt under the following conditions.
(a) The exemption shall expire seven years after the adoption date of this section.
(b) Lighting found by a governmental agency to create a public hazard can be ordered removed or altered at any time.
(c) On the effective date of this section, any light installation which provides for re-aiming of the fixture shall be brought into compliance with the terms of this section without delay.
(d) Upon repair or replacement of any component of any luminaire, or relocation of any luminaire, that luminaire shall be brought into compliance with the terms of this section at the completion of the repair or replacement.
(e) Upon installation of any new luminaire, this section shall fully apply. An inventory of existing lighting submitted by the applicant will be required when the application for installing new luminaire(s) is made.
(f) Upon the transfer of ownership of an existing business or property, the exemption shall expire and all terms of this section shall apply.
(g) At the close of business all lighting shall be reduced to a level not greater than those described in division (D)(5) below.
(H) Street lighting.
(1) Street lighting owned, operated, maintained or leased by the town shall be exempt, understanding that a good-faith effort shall be made to comply with the following conditions.
(a) All new, repaired or replaced shall be full cut-off fixtures and that IESNA guidelines shall be considered. However, the design for an area may suggest the use of street light fixtures of a particular period or architectural style as an alternative if the following items are considered:
1. The maximum initial lumens generated by each fixture does not exceed 2,000;
2. The mounting height of the alternative fixture does not exceed 15 feet; and
3. That alternative lighting be approved in a public hearing in accordance herewith. Public comment regarding the alternative lighting standard will be considered at that time.
(b) Street lights shall be located in the public right-of-way or on easements acquired for that purpose.
(c) If the street has a sidewalk along one side, the street lights will generally be limited to the sidewalk side of the street.
(2) (a) Street lighting which causes light to trespass onto or into a neighboring parcel and causes an annoyance or disturbs the person(s) who owns the neighboring parcel shall seek relief through the Board of Adjustment.
(b) The Board of Adjustment shall hold a hearing on the matter in a meeting published in accordance with § 152.269 of this chapter. The complaint and possible solution will be considered at that time.
(3) A person who installs or causes to be installed various forms and types of lights as described heretofore in violation of this section and is subject to penalties outlined in § 152.999 of this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 501.7)