(a) Purpose. To establish limitations on industrial greenhouses within the City and to establish reasonable and uniform regulations to minimize and control the negative secondary effects of industrial greenhouses within the City including, but not limited to, interior light emissions, all in order to promote the health, safety, and welfare of the citizens of the City.
(b) Definitions.
(1) "Fully Shaded Luminaire" means a luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.
(2) "Glare" means lighting entering the eye directly from luminaires or indirectly from reflective surfaces that cause visual discomfort or reduced visibility.
(3) "Lamp" means a generic term for a source of optical radiation (i.e., "light"), often called a "bulb" or "tube." Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.
(4) "Light Pollution" means any adverse effect of artificial light including, but not limited to, glare, light trespass, sky-glow, energy waste, compromised safety and security, and impacts on the nocturnal environment.
(5) "Light Trespass" means light that falls beyond the property it is intended to illuminate.
(6) "Lighting" means "electric" or "man-made" or "artificial" lighting. See "Lighting Equipment."
(7) "Lighting Equipment" means equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(es), and related structures, electrical wiring, and other necessary or auxiliary components.
(8) "Lumen" means the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt," a measure of power consumption.
(9) "Luminaire" means the complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.
(10) "Mounting Height" means the height of the photometric center of a luminaire above grade level.
(11) "New Lighting" means lighting for areas not previously illuminated; newly installed lighting of any type except for replacement lighting or lighting repairs.
(12) "Owner" means any person, corporation, or firm that owns or operates an industrial greenhouse, including any agents or representatives of the owner.
(13) "Replacement Lighting" means lighting installed specifically to replace existing lighting that is sufficiently broken to be beyond repair.
(14) "Sky Glow" means the brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Sky Glow is caused by light directed or reflected upward or sideways and reduces one's ability to view the night sky.
(c) Interior Lighting.
(1) This section shall apply to all interior artificial lighting installed within industrial greenhouses for the purpose of extending the growing day and commercial atrium spaces which enhance the human experience and wellbeing within the City of Huron.
(2) As used in this section, unless the context clearly indicates otherwise.
A. Interior Lighting applications includes any indoor lighting device, fixture (luminaire), lamp, or similar device, permanently installed or portable, which is intended to provide illumination for either plant growth, visibility or decorative effects. Such device shall include, but not be limited to, wall, ceiling, suspended or cove for:
(i) Controlled Growth Environment
(ii) Circulation
(iii) Kiosks
(iv) Gathering Areas, Food Courts
(v) Special Events
(3) The provisions in this section are based on several documents. They include the Illuminating Engineering Societies Recommended Practices, International Dark Sky research, the new Well Being Standard and research from the agricultural industry.
(4) The use of interior lighting is necessary for enhanced plant growth, nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principal among these concerns is:
A. The degradation of nighttime visual environment by production of unsightly and dangerous glare;
B. Lighting practices the produce excessive glare and brightness that interferes with the health and safety of the City of Huron and visitors;
C. Unnecessary waste of energy and resources in the production of too much light or wasted light;
D. Interference in the use or enjoyment of property that is not intended to be illuminated at night by light trespass, and the loss of the scenic view of the night sky due to increased urban sky-glow; and
E. The impact of inappropriately designed interior lighting that disrupts nocturnal animal behavior.
(5) It is therefore the intent of this section to encourage lighting practices and systems which will:
A. Minimize light pollution, glare and light trespass;
B. Conserve energy and resources while maintaining night time safety, utility, security, and productivity; and
C. Curtail the degradation of the night time visual environment.
(d) Conformance with Applicable Codes. All interior lighting applications shall be installed in conformance with the provisions of this section and the applicable Electrical, Energy and Building Codes currently in effect in the City of Huron under appropriate permit and inspection.
(e) Applicability.
(1) Existing Buildings and Uses. Any new interior lighting applications installed in industrial greenhouses or atria shall meet the requirements of this section with regard to shielding.
(2) New Uses, and Major Additions or Modifications.
A. The requirements of this section apply to any and all new or major additions to land uses, developments, buildings, or structures.
B. If a major addition occurs on a property, the entire property shall comply with the requirements of this section. For purposes of this section, the following are considered to be major additions:
(i) Additions of 25 percent or more in terms of additional gross floor area, either with a single addition or with cumulative additions subsequent to the effective date of this section; or
(ii) Single or cumulative modification or replacement of interior legally installed lighting applications.
(3) Minor Additions or Modifications. Additions or modifications of less than 25 percent in terms of gross floor area shall require the submission of a complete inventory and site plan detailing all existing and any proposed new or modified interior lighting. Any new or modified interior lighting on the site shall meet the requirements of this section with regard to shielding.
(4) Change of Use. Except as provided in the City of Huron Building Codes (Nonconforming Interior Lighting), whenever the use of any existing building, structure or premise is intensified through the incorporation of additional gross floor space of 25 percent or more either with a single change or cumulative changes subsequent to the effective date of this section, then all interior lighting shall be reviewed and brought into compliance with the requirements for this section before the use is resumed to the maximum extent feasible as determined by the City Engineer.
(5) Abandonment. If a property or use with non-conforming lighting is abandoned, then all interior lighting shall be reviewed and brought into compliance with this section before the use or new use is resumed.
(f) Lighting Control Requirements.
(1) For industrial greenhouses with interior grow lighting, side wall block out curtains will be deployed at one hundred percent (100%) between sunset and sunrise during lighting operations.
(2) For industrial greenhouses with interior grow lighting, roof top block out curtains will be deployed at a minimum of ninety percent (90%) between sunset and sunrise during lighting operations.
(3) For industrial greenhouses, all interior lighting shall be fully shielded.
(4) For atria, all fixtures (luminaires) under the glass area shall be fully shielded.
(5) Lighting fixtures (luminaires) in atria shall be dimmed within thirty (30) minutes after the close of business or special event to the level of security lighting.
(6) Any noted system failures, or reported failures, will have seventy-two (72) hours for corrections before a warning is issued and a fine imposed, however, the City Manager or designee has the sole discretion to extend the seventy-two (72) hour time period at upon a showing of good cause.
(g) Plans and Documents.
(1) Interior Lighting submissions shall contain, but shall not be limited to the following:
A. Plans indicating:
(i) The location, number, type, position, elevation and mounting height of all interior Light Fixtures (luminaires);
(ii) The number and location of interior Light Fixtures (luminaires) to be equipped with automatic controls; i.e., photosensors, asymmetric clocks, building automation controls, or internet;
(iii) Any building design or other feature which may affect the nature, intensity or direction of light emission from interior Light Fixtures (luminaires); and
(iv) Any shading devices to be utilized, their opacity, area to be covered, and method of deployment and backup operation.
B. Description of and background information regarding all interior Light Fixtures (luminaires), including:
(i) Input power (in watts);
(ii) Light source;
(iii) Light distribution, horizontal and vertical planes;
(iv) Total lumens;
(v) Mounting details; and
(vi) Complete manufacturers ordering number, and cut sheet.
(2) The above required plans and descriptions shall be sufficiently complete to enable the City Manager or designee to readily determine whether the requirements of this section are met.
(3) If the plans and documents submitted do not enable the City Manager or designee to readily determine compliance with this section, further information will be requested from the owner to show evidence of compliance, such as reports of tests evidencing compliance.
(4) Once the submitted documents for Interior Lighting have been determined to be in compliance with this section, a permit will be issued.
(h) Enforcement and Penalties.
(1) The City Manager or designee is authorized and directed to perform all acts necessary and appropriate to enforce and to give effect to this section.
(2) Any penalty provided for as part of the industrial greenhouse site plan approval pursuant to Section 1126.05(f) of these Codified Ordinances shall supersede the penalties provide for in this section. To the extent there is no penalty set forth in the site plan approval, the following apply:
(i) The City shall order facility owner or management to shut off all interior grow lighting until the violations are corrected to the satisfaction of the City Manager or designee.
(ii) If the owner fails to comply as set forth in (i), the City Manager or designee shall suspend or revoke the owner's zoning permit and shut down the Facility until the violations are corrected to the satisfaction of the City Manager or designee.
(iii) The owner shall pay a civil penalty of $1,000 per day for each day a violation exists until corrected.
(3) In addition to the foregoing, every person, corporation or firm who violates any provision of this section shall be guilty of a misdemeanor of the first degree. Each and every day during which a violation continues shall be deemed a separate offense.
(4) Nothing in section (h)(2) above or Section 1126.05 of these Codified Ordinances prohibits the City from seeking such other penalties and remedies as are provided by Ohio law, including, but not limited to, seeking a court order to declare the property a public nuisance and order the nuisance abated or other action to abate or remove a violation.
(Ord. 2019-9. Passed 7-23-19.)