INTENT AND PURPOSE:
It is the intent of these regulations to encourage lighting practices and systems which will: minimize light pollution, glare, light trespass; conserve energy and resources while maintaining night time safety, utility, security, and productivity; and curtail the degradation of the night time visual environment.
APPLICABILITY
A. NEW USES, BUILDINGS AND ADDITIONS: All proposed new land uses, developments, buildings, structures, or building additions of twenty-five (25) percent or more in terms of additional dwelling unit s, gross floor area, seating capacity, or other units of measurement specified herein, either with a single addition or cumulative additions subsequent to the effective date of this Ordinance, shall meet the requirements herein for the entire property. This includes additions, which increase the total number of required parking spaces by twenty-five (25) percent or more. For all building additions of less than twenty- five (25) percent cumulative, the applicant shall only have to meet the requirements of this Ordinance for any new outdoor lighting provided.
B. CHANGE OF USE/INTENSITY: Except as provided in Paragraph C. below, whenever the use of any existing building, structure, or premises is changed to a new use, or the intensity of use is increased through the incorporation of additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein, and which change of use or intensification of use creates a need for an increase in the total number of parking spaces of twenty-five (25) percent or more, either with a single change or cumulative changes subsequent to the effective date of this Ordinance, then all outdoor lighting facilities shall meet the requirements herein for the entire property, to the maximum extent possible as determined by the Zoning Administrator. For changes of use or intensity which require an increase in parking of less than twenty-five (25) percent cumulative, the applicant shall only have to meet the requirements of this Ordinance for any new outdoor lighting provided.
C. NON-CONFORMING USES, STRUCTURES OR LOTS: Whenever a non-conforming use, structure or lot is abandoned for a period of six (6) months and then changed to a new use according to the requirements of this Ordinance, then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Zoning Administrator.
APPROVED MATERIALS AND METHODS OF CONSTRUCTION OR INSTALLATION/OPERATION:
A. Preferred Source - Low-pressure Sodium (LPS) lamps are the preferred illumination source throughout the Town; their use is to be encouraged, when not required, for outdoor illumination whenever its use would not be detrimental to the use of the property.
B. The provisions of this Ordinance are not intended to prevent the use of any design, material, or method of installation or operation not specifically pre-scribed herein, provided any such alternate has been approved by the Zoning Administrator. The Zoning Administrator may approve any such proposed alternate provided he/she finds that it:
1. Provides at least approximate equivalence to the applicable specific requirements of this Ordinance; and
2. Is otherwise satisfactory and complies with the intent of this Ordinance.
GENERAL REQUIREMENTS:
A. Outdoor floodlighting by flood light projection above the horizontal plane is prohibited.
B. All light fixtures that are required to be shielded shall be installed in such a manner that the shielding is effective.
C. All light fixtures, except streetlights, shall be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries.
D. The installation, sale, offering for sale, lease, or purchase of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited.
E. Search lights, laser source lights, or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel or at their direction or for meteorological data gathering purposes.
F. Class I lighting may continue only until 9:00 p.m. or for as long as the area is in active use.
G. Illumination for outdoor recreation facilities must conform to the shielding requirements of Table 4.24A below, except when such shielding would interfere with the intended activity. For such facilities, partially shielded luminaries are permitted. Examples of activities where partially shielded luminaries are permitted include, but are not limited to, baseball, softball, and football. Specifically, tennis, volleyball, racquetball and handball courts, and swimming pools must utilize fully shielded luminaries. Where fully shielded luminaries are required, the light fixtures must also conform to the requirements of Paragraph C. above regarding light trespass.
H. Multi-class lighting must either conform to the lamp-type and shielding requirements of the most strict Class, as shown in Table 4.24A, or conform to the time limitations of the least strict Class.
I. External illumination for signs shall conform to the provisions of these regulations.
J. On projects where an engineer or architect is required, the developer shall verify in writing to the Development Services Department that all outdoor lighting was installed in accordance with the approved plans.
K. Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. For lamp types that vary in their output as they age (such as high pressure sodium), the initial output, as defined by the manufacturer, is the value to be considered. For determining compliance with this Ordinance, the light emitted from outdoor light fixtures is to be included in the total output as follows:
1. Outdoor light fixtures installed on poles (such as parking lot luminaries) and light fixtures installed on the sides of the buildings or other structures, when not shielded from above by the structure itself as defined in Paragraphs 2 and 3 below, are to be included in the total outdoor light output by simply adding the lumen outputs of the lamps used.
2. Outdoor light fixtures installed under canopies, building overhangs, or roof eaves where the center of the lamp or luminaries is located at least five (5) feet, but less than ten (10) feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-quarter (1/4) of the lamp’s rated lumen output.
3. Outdoor light fixtures located under the canopy and ten (10) or more feet from the nearest edge of a canopy, building overhang, or eave are to be included in the total outdoor light output as though they produced only one-tenth (1/10) of the lamp's rated lumen output.
L. Service station Canopy Lighting. In addition to the calculations for paragraph K.2. and K.3. above, the following requirements apply to service station canopies:
1. All luminaries mounted on the under surface of service station canopies shall be fully shielded and utilize flat glass or flat plastic (acrylic or polycarbonate) covers.
2. 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 forty (40) lumens per square foot of canopy. All lighting mounted under the canopy, including but not limited to luminaries mounted on the lower surface of the canopy and auxiliary lighting within signage or panels over the pumps, is to be included toward the total.
M. Neon lighting is permitted, so long as lumen calculations from such lighting are included in the total lumen calculations for the site, required by this subsection. Lumens are calculated on a per foot basis, rather than per “fixture”. Such lighting shall also be subject to the shielding requirements of Section , unless exempted by Table 4.24A below.
TABLE 4.24A LAMP SOURCE AND SHIELDING STANDARDS | ||
Fixture/Lamp Type | Shielded | Filtered |
TABLE 4.24A LAMP SOURCE AND SHIELDING STANDARDS | ||
Fixture/Lamp Type | Shielded | Filtered |
Low Pressure Sodium | Partially | None |
High Pressure Sodium | Fully | None |
Metal Halide | Fully | Yes |
Fluorescent | Fully | Yes |
Quartz | Fully | None |
Incandescent 100W of greater per fixture | Fully | None |
Incandescent less than 100W | None | None |
Mercury Vapor | Fully | Yes |
Fossil Fuel | None | None |
Glass Tubes filled with Neon, Argon or Krypton | None | None |
Other Sources | As approved by the Zoning Administrator | |
N. Total outdoor light output (excluding street lights used for illumination of public rights-of-way) of any development project shall not exceed 100,000 lumens per net acre, averaged over the entire project. Furthermore, no more than 5,500 lumens per net acre may be accounted for by lamps in unshielded or partially-shielded fixtures permitted in Table 4.24A, except that lamp(s) emitting no more than 4,720 lumens per single-family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 4.24A, though they must conform to all other applicable restrictions. Single-family attached units (e.g. Townhouses), and multiple-family residential units are limited to 2360 lumens of unshielded lights per unit.
O. Outdoor recreational facilities are not subject to the lumens per net acre limit set, however, no such facility shall be illuminated after 11:00 p.m. except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m.
P. Outdoor internally-illuminated advertising signs shall either be constructed with an opaque background and translucent letters and symbols or with a colored (not white, cream, off-white, or yellow) background and lighter letters and symbols. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in this subsection. Such signs shall be turned off at 11:00 p.m. or when the business closes, whichever is later.
AIRPORT LIGHTING:
Airport lighting, which is required for the safe and efficient movement of aircraft during flight, take off, landing, and taxiing is exempt from the provisions of this Ordinance. Lighting used for illumination of aircraft loading, unloading, and servicing areas is exempt from the lumens per acre limits, although it must conform to all other requirements of this Ordinance. All other outdoor lighting at airport facilities shall comply with the provisions of this Ordinance.
APPLICATION REQUIREMENTS:
A. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, a Site Plan or Conditional Use Permit, or subdivision approval by the Town, including all Town projects, the applicant shall, as part of the application, submit sufficient information to enable the Zoning Administrator to determine whether the proposed lighting will comply with this Ordinance.
B. The application shall include the following:
1. A Site Plan indicating the proposed location of all outdoor lighting fixtures and signs;
2. A photometric analysis of the proposed lighting;
3. A description of each illuminating device, fixture, lamp, support, and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types, and lumen outputs;
4. Photometric data, such as that furnished by manufacturers, or similar, showing the angle of cut off of light emissions for the proposed luminaries(s);
5. Such other information as the Zoning Administrator may determine is necessary to ensure compliance with this Ordinance.
C. If the Zoning Administrator determines that the proposed lighting does not comply with this Ordinance, the permit shall not be issued or the plan approved.
TEMPORARY LIGHTING PERMITS:
A. The Zoning Administrator may grant a permit for temporary lighting, as defined herein, if he/she finds the following:
1. The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days;
2. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as is feasible;
3. The proposed lighting will comply with the general intent of this Ordinance;
4. The permit will be in the public interest.
B. The application for the Temporary lighting permit shall include the following information:
1. Name and address of applicant and property owner;
2. Location of proposed fixtures;
3. Type, wattage, and lumen output of lamp(s);
4. Type, shielding of proposed fixtures;
5. Intended use of the lighting;
6. Duration of time for requested exemption;
7. The nature of the exemption;
8. Such other information as the Zoning Administrator may request.
C. The Zoning Administrator shall endeavor to rule on the application within five (5) business days from the date of submission of the request and notify the applicant in writing of their decision. The Zoning Administrator may grant one (1) renewal of the permit for an additional thirty (30) days if he/she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Zoning Administrator 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.
NON-CONFORMING LIGHTING:
A. Mercury vapor lamps in use for outdoor lighting.
B. Any construction permit which invokes Certificate of Occupancy requirements shall specify and require that any non-conforming sign, as to lighting, located within the boundaries of the development site authorized by the permit shall be brought into conformance with the provisions of this Ordinance.
C. No outdoor lighting fixture which was lawfully installed prior to the enact shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a non-conforming fixture unless the fixture thereafter conforms to the provisions of this Ordinance.
D. In the event that any non-conforming sign, as to lighting, is abandoned or is damaged, and if the damage exceeds fifty (50) percent of the reproduction value, exclusive of foundations, to replace it, the sign shall be brought into conformance with the provisions of this Ordinance.
ZONING ADMINISTRATORS:
Any person desiring to install an outdoor lighting fixture that does not meet the requirements of this Ordinance may apply to the Board of Adjustment for a Zoning Administrator from the regulation in question.
CONFLICTING REGULATIONS:
In the event of conflict between the regulations set forth in this Ordinance and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern.
(Ord. 06-678, passed 11-9-2006)