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ILLUMINATIONS PROVISIONS
The purpose of this section is to establish lighting requirements for personal safety and crime prevention while regulating any spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses near a light source to promote personal and traffic safety, and to prevent the creation of public nuisances.
(Ord. passed 5-16-2023)
(A) Except for single-family and two-family dwellings, plans for required parking lot and security lighting shall be approved by appropriate officials and the Police Department prior to approval and issuance of permits. Plans, at appropriate scale, shall be based on accurate, approved final site plans and shall depict all exterior lighting as to its location, orientation, and configuration.
(B) This must include, but not be limited to:
(1) Luminaire height;
(2) Luminaire and standard technical specifications;
(3) Intensity of illumination measured at the least point of illumination and the greatest point of illumination when measured from ground level;
(4) Type of light source (metal halide, high pressure sodium, and the like);
(5) Hours of illumination; and
(6) Photometric plan superimposed on the site plan for each classification of lighting with points no greater than 30 feet apart.
(Ord. passed 5-16-2023)
(A) Lighting standards in all zoning districts except those containing single-family and two-family dwellings:
(1) Wall or roof lighting may be used to illuminate the pedestrian walkways, entrance areas, and yard areas within 30 feet of the building. No wall or roof lighting shall be used to illuminate areas for motor vehicle parking or access unless the Police Department and the appropriate officials find the following:
(a) The proposed lighting is not in conflict with the stated purpose in this section;
(b) The proposed lighting will not unreasonably harm or restrict public health, safety, and welfare or create a nuisance; and
(c) The proposed luminaire has a cutoff angle of less than or equal to 66 degrees.
(2) Any open area used for motor vehicle parking, storage, or access shall be illuminated with freestanding luminaries. Freestanding luminaries are permitted to be a maximum of 30 feet in height with a three-foot support, for a maximum height from the ground of 33 feet. When a luminaire is located within 500 feet of a protected residential property, the maximum permitted luminaire height shall be 25 feet. All measurements shall be taken from the average elevation of the finished grade within ten feet of the structure or fixture to the highest point of the luminaire. All luminaries must have a total cutoff angle equal to or less than 90 degrees. The use of exterior lighting with a cutoff angle greater than 90 degrees shall be permitted only when the Police Department and appropriate official find the following:
(a) The lighting is not in conflict with the stated purpose in this section;
(b) The proposed lighting will not unreasonably harm or restrict public health, safety, and welfare or create a nuisance; and
(c) The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.
(3) In no instance shall low pressure sodium fixtures be used to illuminate non-protected residential property unless the Police Department find the following:
(a) The proposed lighting is not in conflict with the stated purpose in this section;
(b) The proposed lighting will not unreasonably harm or restrict public health, safety, and welfare or create a nuisance; and
(c) The color distortion effect of low pressure sodium lighting will not create a hindrance to crime prevention and investigation.
(B) Intensity of lighting in all zoning districts except those containing single-family and two-family dwellings:
(1) The amount of illumination attributable to exterior lighting from a property shall not exceed one foot-candle when measured at any boundary line with an adjoining property. This provision may be waived by the issuing authority when:
(a) The proposed lighting is not in conflict with the stated purpose of this section;
(b) The proposed lighting will not unreasonably harm or restrict public health, safety, and welfare or create a nuisance; and
(c) The proposed lighting will not result in an impairment of vision creating a hazard for vehicular or pedestrian traffic.
(2) All parking lot and parking structure lighting located within 300 feet of a protected residential property line may be illuminated not more than one hour before the start of business and shall be extinguished within one hour after the end of business except as approved by the Police Department after finding the following:
(a) The property has been identified as an area where the incidence or potential for crime warrant additional lighting;
(b) Additional lighting is required to increase visibility of a property which is not readily accessible for police during routine patrol; and
(c) The use of timers, sensors, or other devices that produce a reduced lighting level that does not conflict with the stated purpose in this section.
(C) (1) In all zoning districts, any lighting shall be arranged to reflect the light away from adjoining property.
(2) A person shall not conduct a use that has a source of illumination that produces glare clearly visible beyond a property line or creates a sensation of brightness within a visual field so as to cause annoyance, discomfort, or impairment of vision.
(3) The use of lenses, deflectors, shields, louvers, or prismatic control devices shall be used to eliminate nuisance and hazardous lighting to facilitate compliance with this requirement.
(D) Luminaries used for illumination of designated pedestrian walkways in parking structures shall be of a significantly different color value than luminaries used for illuminating vehicle parking and drive aisles.
(Ord. passed 5-16-2023)
Any new lighting installed after the effective date of this chapter shall be in compliance with the requirements of this chapter. Any lighting in existence before the effective date of this chapter that does not comply with its requirements shall be considered legally non-complying and may remain, subject to the following provisions:
(A) Alterations to existing lighting.
(1) When policies and support structures are removed and replaced for reasons other than acts of God or accidents, they must be replaced with luminaries, policies, and supports that comply with this section; and
(2) When luminaries are replaced, they must be replaced with luminaries that comply with all provisions of this section.
(B) Removal and replacement of parking lot surface.
(1) When less than 50% of the gross area of the parking lot surface on a particular site is removed and replaced, only the parking area replaced must be provided with lighting in compliance with this section. If greater than 50% of the parking area on a particular site is removed and replaced at one time, the entire parking lot on the site where the construction activity occurs must be in full compliance with this section.
(2) A parking lot or portion thereof is removed and replaced when any portion of the existing parking surface material is removed and a new surface is installed.
(C) New parking lots or parking lot additions. When a new parking lot or addition to an existing parking lot is constructed, the new lot or lot addition must be provided with lighting in compliance with this section.
(D) New structures, additions, or replacements. When a site is improved with new structures, or additions to, or replacements of, existing structures, the lighting for the new structure, addition, or replacement on the site must be upgraded with complying lighting. The parking lot lighting must be upgraded with complying lighting over a portion of the parking area that is equivalent to the amount of parking that would be required for the new structure, addition, or replacement. In the event that the new structure, addition, or replacement is accompanied by new or replaced parking area, the amount of upgraded lighting area shall be that required under this section.
(E) Change of type of occupancy. When the type of occupancy of a site is changed, the lighting for the site shall be upgraded, to comply with this section for the structure and the parking lot be upgraded for the required parking for the occupancy as established in this code. For purpose of determining the type of occupancy of a site, the occupancy classifications of the county code shall be utilized.
(F) Unoccupied sites. When a site has been unoccupied for a period of one year, the lighting shall be upgraded to fully comply with this section prior to any reoccupation of the site.
(G) Development application. When a development application is made for a site, the County Board may, as a condition of approval, require compliance with any or all of the performance standards of this section and the extent of compliance required in such cases may be greater than that otherwise required in this section, if deemed reasonably necessary to protect the public health, safety, or welfare and to achieve the proposes of this section.
(Ord. passed 5-16-2023)
Any light intensity measurement taken at the property line shall be measured at the greatest point of illumination of said property line. Any measurements to determine the minimum and maximum lighting levels internal to a site will be measured by positioning the meter horizontally at ground level at the greatest and least points of artificial illumination.
(Ord. passed 5-16-2023)
Modifications to the requirements of this section may be approved as part of a final development plan for a Planned Development Overlay District, pursuant to the provisions provided:
(A) Any deviations from lighting standards established by this section are clearly delineated in the plan submission reviewed by the Planning Commission and approved by the County Board;
(B) Any deviations are consistent with the purposes of this section;
(C) The minimum light level proposed provides a minimum of 75% of the illumination required in this section;
(D) The height of support poles above grade does not exceed the maximum permitted by this section by more than 25%, except that no development shall be allowed for increased support pole height within 500 feet of a protected residential property; and
(E) No increase in glare occurs as a result of deviation from the adopted standards.
(Ord. passed 5-16-2023)
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