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14.6.1 Expansion or replacement of existing facilities.
A. Purpose and scope. Factory-fabricated, transportable building(s) that are designed to arrive at the site ready for occupancy, except for minor unpacking and connection to utilities, and designed for removal for use elsewhere, may be placed on a property to serve as the following:
1. Expansion space for existing churches, health care facilities, and government offices, provided that plans for the permanent expansion of the existing facilities have been submitted to and approved by the town;
2. Temporary offices for construction and security personnel during the construction of a development for which the town has issued a building permit;
3. Temporary quarters for recreational facilities that are being provided in conjunction with a new residential development, provided that the town has approved a site plan or subdivision plan for the development;
4. Temporary quarters for a nonresidential use when the permanent building has been damaged or destroyed by fire or other physical catastrophe, provided that a building permit for the permanent facility is obtained within 90 days after approval of the temporary quarters. The UDO Administrator may approve a written request for an extension of an additional 90 days for good cause shown. Failure to obtain a building permit within the time frame allowed will revoke approval for the temporary quarters. With justification, additional time extensions may be applied for on a case by case basis; and
5. One temporary office per site to include, but not be limited to, the following uses: hiring, membership solicitation, apartment office/leasing, and other general office uses provided that the town has approved a site plan or subdivision plan for the development. The number of modular buildings housing such uses shall be limited to one, unless additional buildings are approved by the UDO Administrator. Such modular buildings shall not be placed on the property prior to the issuance of a building permit.
B. Standards and requirements for approval. In addition to meeting the general standards of Article 14.5.1, all temporary structures approved pursuant to this section shall meet the following standards and requirements:
1. Location. Temporary structures allowed under Article 14.6.1 may be located anywhere on site, except within the following areas:
a. Existing or planned vegetated buffers or within the buffer setbacks; and
b. Other areas designated on the site and/or subdivision plan for open space, vehicular use, or ingress/egress.
2. Other requirements.
a. Under skirting shall be installed around all temporary structures.
b. For those temporary structures requiring site plan approval, the temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.
c. Foundation plantings shall be required for temporary structures intended for use as temporary recreation facilities.
d. A sketch plan shall be submitted to and approved by the UDO Administrator prior to installation of the temporary structure.
3. Duration. Temporary structures under this section may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request, submitted to the UDO Administrator 30 days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than three years.
14.6.2 Real estate sales office and model sales home.
A. General requirements. One temporary real estate sales office or model sales home may be allowed as incidental to a new residential or nonresidential development provided that:
1. The use is located on a single-family lot or within a multi-family development that was approved by the town as part of a residential development, or within a nonresidential area of an approved planned unit development;
2. Reserved;
3. The temporary use is aesthetically compatible with the character of the community and the surrounding development in terms of exterior color, predominant exterior building materials, and landscaping;
4. The temporary use complies with the minimum yard and setback requirements of the zoning district in which it is located;
5. Parking spaces shall be provided on the lot in a number sufficient to meet the projected demand;
6. For single-family developments, landscaping shall conform to the general landscaping requirements of Articles 7 and 10 of the UDO;
7. A site plan, containing sufficient information to show compliance with the above standards, shall be submitted to and approved by the Planning Department prior to installation of the sales office;
8. The temporary use shall connect to public utilities; and
9. Upon termination of the temporary real estate sales office or model sales home, the structure will be removed unless the structure will be converted into a permanent structure and meets all applicable requirements for permanent use.
B. Duration.
1. Temporary real estate sales offices. Temporary real estate sales offices may be approved for a period of up to one year. This period may be renewed for two additional 12-month periods, but not exceeding a total of three years, for good cause shown, upon approval of a written request for such an extension by the UDO Administrator, filed 30 days prior to the expiration date of the existing approval. All temporary trailers shall be removed from the site prior to the issuance of the last certificate of occupancy for the site.
2. Model sales homes. Model sales homes may be approved for a period of up to three years. This period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension by the Planning Director.
14.6.3. Sale/display of goods other than agricultural products.
A. Applicability. Merchants may display and/or sell goods in the town on a temporary basis without establishing a permanent place of business, subject to the standards and requirements set forth in this Article.
B. Location.
1. Outdoor displays. The outdoor display of goods consistent with the provisions of the UDO is considered as an accessory use and does not require a temporary use permit. The outdoor sale of goods does require a temporary use permit.
2. Proximity to residential property. The proposed display and/or sale of goods, products, and/or services for commercial purposes may not occur within 200 feet of an occupied residential dwelling unit.
3. Commercial sales. A temporary display or sale of goods for commercial purposes may take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site.
4. Non-commercial sales. A temporary sale of goods for public or institutional purposes may take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site. Upon approval of the UDO Administrator, such sales may take place on public property, including: public parks owned or maintained by the town, public street rights-of- way, and any other property owned by the town.
C. Similar products, goods, and services. A temporary display or sale of products, goods, and/or services for commercial purposes shall be limited in scope to similar or complimentary products, goods, and/or services to those offered by the existing principal use located upon the same site. The temporary sale of non-agricultural products, goods, and/or services that differ from the normal range of those offered by an existing principal use shall be prohibited.
D. Submittal requirements. The operator of the temporary sale of products, goods, and/or services shall provide the UDO Administrator with the following:
1. Written permission from the property owner;
2. A sketch plan showing:
a. The location of any tent or temporary structure to be used;
b. The location of pedestrian, vehicular, and emergency ingress and egress over the entire property, including pedestrian access to streets, driveways, and parking areas, and obstructions of vehicular rights-of-way;
c. The location and number of available off-street parking spaces to serve the temporary sale of goods;
d. The location, size, color, and design of all temporary signs in accordance with Article 11; and
e. Electrical power connections, if applicable.
E. Hours of operation. The hours of operation of the temporary sale of products shall be from no earlier than 7:30 a.m. to no later than 10:00 p.m., or the same as the hours of operation of the principal use, whichever is more restrictive.
F. Duration; sales per year.
1. The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 90 total days per calendar year.
2. The number of temporary sales of products per site per calendar year shall not exceed 50 sales events, for a combined total of 90 days. For the purposes of this section,
SITE shall mean the entire parcel, including out-parcels, whether it is a single tenant, multi-tenant, or shopping center use.
G. Requirements.
1. The UDO Administrator shall issue a temporary use permit for the temporary display and/or sale of products if the proposed use satisfies the following requirements:
2. The property contains an area that is not actively used, which would support the proposed temporary sale of products without encroaching into or disturbing existing buffers, open space, landscaping, or traffic movements;
3. Tents and other temporary structures will be located so as not to interfere with the normal operations of any permanent use located on the property;
4. All tents and other temporary structures shall match the predominant color of the principal structure on the premises or be of a neutral or earth tone color;
5. The temporary use will not occupy any existing parking required for the principal use;
6. The temporary sale of products will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services will be impeded and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic; and
7. All inspections and permits required by applicable construction codes have been made and approved by the UDO Administrator.
14.6.4 Sale of agricultural products grown off-site.
A. Agricultural products defined. For the purposes of this section, AGRICULTURAL PRODUCTS are defined as products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, firewood, and pine straw; bees and beekeeping products; seafood; and dairy products. For the purposes of this section, processed or prepared food products of any kind shall also be considered as saleable products.
B. Approval criteria.
1. The temporary sale of agricultural products grown off-site may be allowed subject to issuance of a temporary use permit pursuant to Article 14.7.4 (for exemptions see Article 14.7.2 through 14.7.3). Temporary sales of agricultural products grown off-site shall meet all requirements for temporary sale of non-agricultural goods set forth in Article 14.6.3 above; however, the temporary sale of such agricultural products may occur from a vacant lot, in addition to a developed site where the principal use is retail sales.
2. The temporary sale of agricultural products grown off-site is exempt from the requirement for similar products, goods, or services to those offered by an existing principal use as required under the provisions for the temporary sale of non-agricultural products.
3. The temporary sale of agricultural products grown off-site may be accomplished from a vehicle, trailer, or shipping container, provided such vehicle, trailer, or container is located in accordance with the provisions of Article 14.6.3.
4. The temporary sale of agricultural products grown off-site shall be allowed on an individual parcel or site for no more than 180 total days per calendar year.
14.6.5 Sale of fireworks.
A. The sale of fireworks is specifically prohibited within the town.
(Ord. passed 2-3-2021)
14.7.1 Purpose and intent. The purpose for this section is to establish permit requirements, allowable time frames, and submittal requirements for four recognized types of events. These provisions are intended to address potential significant negative impacts to public or private properties from events or event-related activities, not to prevent such activities from occurring or to unduly restrict private events.
14.7.2. Types of events.
A. Community center events, public and private. Community centers are locations or facilities where members of a community may gather for group and club activities, social activities, information meetings, educational activities, recreational activities, special events, and other purposes. They are often facilities that community members (and sometimes others), can rent for a function or event. They may sometimes be open for the whole community or for a specialized group within the greater community. Examples of groups that use community centers include youth groups, seniors, specific religious groups, and the like. Community centers may be municipally owned (public facilities) or privately owned. Parks and recreational centers/facilities are considered community centers. The typical mission of community centers is to provide a facility for programs that meet the served community needs, enhance the quality of life, and promote community involvement through the provision of a venue for recreation, cultural activities, education, health, wellness, and fitness activities, as well as family life activities. Gymnasiums, ceramic rooms, meeting rooms, kitchens, multipurpose activity rooms, weight/fitness rooms, pre-school rooms, and restrooms are often found in community centers. Outdoor amenities are often included in community centers (e.g., play equipment, athletic fields, multipurpose courts, and parks). Municipally owned community centers are duly chartered for such activities and are exempt from temporary use permit requirements. The town’s Community Center is an example of a municipally owned facility. Privately owned community centers approved by the town and conforming to the requirements of this UDO are also exempt from temporary use permit requirements for activities within the boundaries of the approved charter and facilities.
B. Town-recognized event. A town-recognized event is one that is in part or wholly sponsored by the town, recognized by the town, or proclaimed as a town-recognized event by the Town Council.
C. Not-for-profit event. A not-for-profit event is any event that is requested by, or held for, a recognized non-profit organization or other charitable organization.
D. Special events. Special events are any organized event, specifically including, but not limited to, a temporary sales event accessory to a principal use, or a circus, carnival, cultural event, fair, celebration, communal camping, groundbreaking, grand opening, religious service, musical, or other show, which reasonably may be expected to attract 100 or more persons, but which do not meet the criteria of a town-recognized event or a not-for-profit event.
E. Private events. Private events are any organized events which are not open to members of the general public, typically has a duration of less than 12 hours, and which is not expected to have significant negative impacts on surrounding properties. Examples of such events include, but are not limited to wedding ceremonies, funerals, private parties, or other similar gatherings. Events that take place in such venues as privately owned and managed clubs, lodges, churches, gathering areas, sports facilities, and the like that may be open to both members and non-members are exempt from temporary use permit requirements, but are subject to meeting the facility conditions set forth in Article 8.
F. POA/HOA events. Events that take place entirely within the boundaries of a parcel or possess sites and/or subdivision plans approval for such activities (e.g., assembly halls, convention centers, amphitheaters, or event centers) are exempt from temporary use permit requirements but must meet the facility conditions set forth in Article 8.
14.7.3 No permit required.
A. The following types of events do not need to obtain temporary use permits, but may be subject to the maximum allowable time frames, temporary signage requirements, and specific regulations as listed in Table 14.8:
1. Athletic events held at approved sports facilities;
2. Temporary not-for-profit car washes held on developed sites;
3. Garage and/or yard sales;
4. Block parties occurring entirely upon the grounds of a private residence, grounds privately owned by institutions (e.g., streets and parks owned by an HOA, POA, and the like), or common area of a multi-family residential development;
5. Other events with 99 people or fewer in attendance;
6. Private events on privately owned property, including privately owned streets, parks, and the like, administered by an HOA/POA; and
7. Events that occur or take place entirely within the boundaries of a parcel or parcels that possess site and/or subdivision plan approval for such activities (e.g., assembly halls, convention centers, amphitheaters, parks, community/recreation centers, or event centers).
14.7.4 Permit required.
A. Special events. Special events or not-for-profit events shall require a temporary use permit obtained in accordance with this section and the procedures of this Article, unless otherwise exempted in Article 14.7.2 through Article 14.7.3.
B. Application for permit. Any application to hold a special event or not-for-profit event shall be made in advance of the event.
C. Organization representation. A permit to hold a special event or not-for-profit event issued to one person or organization shall permit any person to engage in any lawful activity in connection with the holding of the permitted assembly.
D. Term of approval/permit. The maximum allowable time frame for all allowable events is addressed in this Article of the UDO. The UDO Administrator may extend the consecutive day limit or the annual limit upon approval of a written request for such an extension, for good cause shown.
E. Additional planning requirements. In addition to meeting the general standards of § 14.8, all not-for-profit and special events shall also meet the planning requirements set forth below. The UDO Administrator shall be responsible for determining the adequacy of submitted plans.
1. An adequate plan for security and safety shall be implemented on and around the site of the event, including sufficient staffing, provision for pedestrian safety, restroom facilities (if necessary), and traffic routing.
2. An adequate plan for public health, safety, and welfare on, around, and outside the site of the event shall be implemented, including a showing that the event will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided throughout the town and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic.
F. Submittal requirements. All applications for special and not-for-profit events shall include such information and supporting materials as are required by the UDO Administrator, including, but not necessarily limited to, the following:
1. A description of the proposed event, including the event’s starting date and time, the event’s ending date and time, the date and time preparatory activities will commence, and the date and time of completed post-event clean-up;
2. The location of the property (properties) upon which the proposed event will take place;
3. A security plan, if requested; and
4. A parking plan.
Temporary Use Permits Table of Uses by District | ||||||||||
Temporary Use Permit Table | ||||||||||
Uses | R-20 | R-15 | R-10 | MR | SBR- 6000 | CN | CLD | CI | EPUD | Prescribed Conditions |
Temporary Use Permits Table of Uses by District | ||||||||||
Temporary Use Permit Table | ||||||||||
Uses | R-20 | R-15 | R-10 | MR | SBR- 6000 | CN | CLD | CI | EPUD | Prescribed Conditions |
NO PERMIT REQUIRED **
| 14.7.2;14. 7.3 | |||||||||
Structures and events that do not require temporary | ||||||||||
TEMPORARY STRUCTURES
| 14.5.1 | |||||||||
Expansion or replacement of existing facilities (including offices for construction and/or security personnel) | PC | PC | PC | PC | 14.6 | |||||
Temporary medical | P | P | P | P | P | PC | PC | PC | PC | |
Temporary classrooms | P | P | P | P | P | PC | PC | PC | PC | |
Model home | PC | PC | PC | PC | PC | |||||
Temporary storage | P | P | P | |||||||
TEMPORARY SALES*
| 14.5.1 | |||||||||
Sales/display of goods/products | 14.6.3 | |||||||||
Garage and/or yard sales | P | P | P | P | P | P | P | P | P | 8.102, 14.7.3 |
Flea and farmers market | PC | PC | PC | PC | 8.38, 14.6.4 | |||||
Sales of agricultural product | PC | PC | PC | PC | 14.6.4 | |||||
Sales of non- agricultural products | PC | PC | PC | PC | 14.6.3 | |||||
EVENTS*
| 14.7 | |||||||||
Not for profit event with >100 people | P | P | P | P | P | PC | PC | PC | PC | 14.7.4 |
Special event with 100 people | PC | PC | PC | PC | 14.7.3 | |||||
Athletic event at sports facility | P | P | P | P | 8.5; 14.7.3 | |||||
Other event with <100 people | P | P | P | P | P | P | P | P | P | 14.7.3 |
Block party | P | P | P | P | P | P | 14.7.3 | |||
Private event on owner’s property | P | P | P | P | P | P | 14.7.3 | |||
Not for profit car wash | PC | PC | PC | PC | 14.7.2 | |||||
Town recognized event | P | P | P | P | P | P | P | P | P | 14.7.2 |
P = Permitted by right PC = Permitted under prescribed conditions S = Use permitted by special use permit Blank = Not allowed R20 - Residential R15 - Residential R10 - Residential; SBR-6000 - Residential EPUD - Existing Planned Unit Development CN - Commercial Neighborhood CLD - Commercial Low density CI - Commercial Intensive MRCD- Multi-Family Conditional District PUD CD - Planned Unit Development SCO - Sports Club Overlay CDO - Corridor * St. James Service Club, Private, POA and Community Center events are exempt from temporary use fees ** Community Center and POA/HOA activities are exempt from temporary use permits | ||||||||||
(Ord. passed 2-3-2021)
15.1.1 Purpose and intent.
The town desires to enhance the beauty of the area for its citizens, both during the day and at night. Outdoor lighting is required for the safety and beautification of the exterior environment during the night-time hours for various uses.
Nonresidential and multi-family buildings and projects, including outparcels, shall be designed to provide safe, comfortable, attractive, and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire site. Lighting equipment shall be selected and located to be integrated with the exterior environment. The lighting and lighting fixtures shall be designed so as to enhance the visual impact of the project on the community or to blend seamlessly into the surrounding landscape. Lighting design and installation shall meet on-site lighting needs without intrusion on adjoining properties.
This sets forth criteria for the installation of exterior lighting visible from the exterior of buildings and structures, the purposes of which are as follows:
• Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment, and commerce;
• Preserve and enhance public safety and security (i.e., deter crime);
• Support adequate traffic and pedestrian safety;
• Protect drivers from disabling glare thereby enhancing traffic safety;
• Provide consistent night-time illumination throughout the town thereby enhancing the town’s night-time character;
• Shield neighboring properties from nuisance glare and light trespass;
• Curtail light pollution to preserve the nighttime environment and
• Promote energy conservation through efficient lighting design and operation.
15.1.2 Application. The requirements of this shall apply to:
15.1.2.A. All nonresidential or multi-family development; and
15.1.2.B. All residential subdivision development
15.1.3 Exemptions.
15.1.3.1 The following activities are exempt from the requirements of this:
• Outdoor lights used for a temporary event; permitted through a temporary use permit.
• Outdoor lights used exclusively for recreational activities, concerts, plays, or other outdoor events that are open to the public, provided that the event or function meets all other applicable ordinance requirements; such lighting shall be located at least 50 feet from any adjoining residential district or use.
15.1.3.2 Outdoor lighting which is exempt from this shall only be illuminated while the activity takes place and during high traffic periods immediately before and after the event.
15.1.4 Lighting plan submission. A site lighting plan shall be required as part of the application review for all nonresidential and multi-family development areas proposed for illumination that is proposed to illuminate an area or facade fronting a road; where lighting equipment is proposed to be mounted within one mounting height of the property line, or where one or more pole-mounted luminaires are proposed. At a minimum, the submission shall contain the following.
15.1.4.1 Illuminance calculations. Provide a point-by-point footcandle array in a printable format with suitable resolution and font size to be legible on one or more 11 by 17 sheets of paper indicating the location and aiming of illuminating devices. The point spacing shall not be greater than five feet by five feet (greater spacing may be permitted for very large areas) with a numerical value for horizontal illuminance (Ehorz) at grade given for each point to the nearest 0.1 footcandle (fc).
Provide a second point-by-point array with the same calculation grid raised to five feet above grade with a numerical value for vertical illuminance (Evert) for each point to the nearest 0.1 fc. The direction of the calculation shall be selected to maximize approximation of illumination on pedestrian faces and/or demonstrate compliance with trespass restrictions as applicable.
For facade illumination projects, provide a vertical array showing the illumination values perpendicular to the plane of the array.
Provide a summary of all calculation points indicating compliance with all illumination criteria required by this in tabular form.
15.1.4.2 Luminaire schedule. Provide a tabular schedule of proposed luminaires keyed to the point-by-point with fixture description to define the fixtures, lamps, supports, reflectors, poles, raised foundations, and other devices. Indicate the light loss factor used for each type.
15.1.4.3 Catalog cut sheets. Provide product specification data from the manufacturer or electric utility and/or drawings and photometric report indicating the fixture BUG rating, cut-off classification, and a description such as decorative post top, wall pack, and the like.
15.1.4.4 Energy code summary. Submit a table indicating outdoor areas by type, applied metric (linear feet or square feet), allowable wattage, and proposed electric lighting load demonstrating compliance with North Carolina Energy Conservation Code, 2012 or latest edition.
15.1.4.5 Supplemental information. Any additional information that will help to inform the review and/or convey the intent such as topography plans, landscape planting plans, artistic rendering, and the like is encouraged.
15.1.5 Site lighting design requirements. Lighting shall be designed to sufficient levels to allow for safe use of a site while accenting key architectural elements and emphasizing landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project. This can be accomplished through style, material, and/or color.
The Illuminating Engineering Society (IES), a not-for-profit professional organization of lighting practitioners has established recommended design standards for various lighting applications which should be followed within the context of other established town standards and customs. All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements.
15.1.5.1 Light source (lamp).
A. Preferred electric light sources are fluorescent, metal halide, or static white light emitting diodes (LED), with a correlated color temperature between 4000-5000K.
B. Color corrected high-pressure sodium is also acceptable.
C. Filament sources (incandescent, halogen, xenon) sources are discouraged due to the safety and aesthetic implications of these short-lived sources which also have poor efficacy.
D. Non color-corrected high-pressure sodium and low-pressure sodium lamps are expressly prohibited.
E. The same light source type must be used for the same or similar types of lighting on any one site throughout any development.
15.1.5.2 Luminaires (lighting fixtures).
A. The light source, or luminous area or aperture, of a luminaire shall be completely shielded behind an opaque housing and/or otherwise directed so that the light source is not visible from any street rights-of-way or adjoining properties. Full cutoff classification is preferred for all pole-mounted area lighting above 15 feet. Cutoff classification is preferred for pole-mounted lighting below 15 feet. Semi- cutoff classification is not permitted.
B. Canopy lighting fixtures should be completely recessed within the canopy. Similarly, in- grade luminaires shall be fully recessed into the finished grade. Open-structure canopies shall be designed to shield lighting equipment so the source is not visible from the roadway or adjacent property lines.
15.1.5.3 Fixture height. Lighting fixtures shall be a maximum of 40 feet in height within parking lots and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas. This is inclusive of a raised base where provided. All light fixtures located within 50 feet of any residential use or residential property boundary shall not exceed 15 feet in height.
The UDO Administrator may allow fixtures above this height to provide internal lighting for stadiums, arenas, and similar facilities. All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that their concentrated beam spreads are directed and fall within the primary playing or performance area. The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the event.
15.1.5.4 Mounting. Refer to 15.1.6 for mounting restrictions as they relate to illumination levels. All light poles shall be round aluminum and rated for the total EPA of the attached luminaires at 100 mph winds with a 1.3 gust factor. Pole bases shall be installed with a concrete base. Base detailing shall be reviewed and sealed by a structural engineer registered in the state of North Carolina.
15.1.5.5 Limit lighting to periods of activity. The use of sensor technologies, timers, or other means to activate lighting during times when it will be needed may be required by the UDO Administrator to conserve energy, provide safety, and promote compatibility between different land uses.
15.1.5.6 Architectural facade lighting. Architectural facade lighting is required for all nonresidential or multi-family buildings fronting a right-of-way. Refer to 15.15 for quantitative lighting criteria. Refer to North Carolina Energy Conservation Code for maximum allowable wattage per LZ1 of this non-tradeable surface illumination. Light fixtures shall be carefully selected, located, aimed, and shielded so that light is directed only onto the building facade. Fixtures shall not be directed toward adjacent streets or properties. To the extent practicable, fixtures shall be mounted on the building, shielded, and directed downward to wash or graze the facade or roof with light. Luminaires used to uplight architectural elements, such as eaves, shall be adjustable and aimed to ensure concentrated beam falls fully on subject surface.
15.1.6 Design metrics.
15.1.6.1 Light loss factors. All illumination levels are intended as maintained, meaning that an appropriate light loss factor (LLF) must be applied to calculations to ensure that the light levels will be reasonably maintained over the life of the system. The most typical and recoverable light loss factors are lamp-lumen depreciation (LLD) and luminaire dirt depreciation (LDD) which must be considered. The LDD shall be considered to be 0.80 which assumes a moderately dirty environment, enclosed/ventilated luminaires, and maximum 36-month maintenance cycle. The LLD per source is as follows:
A. Metal halide: 0.70;
B. Color-corrected high-pressure sodium: 0.90;
C. Fluorescent: 0.95; and
D. Solid state (LED): 0.90, based on non-linear lumen depreciation over the L70 life of the LEDs assumed to be 50,000 hours.
The maximum LLF = 0.8 x LLD. For any design wishing to consider a different light loss factor, the technical justification and calculation must accompany the submittal.
15.1.6.2 Illumination levels. All site lighting shall be designed so that the level of illumination as measured in footcandles (fc) at any one point meets the standards in the table below.
Illuminance Criteria | ||||
Type of Lighting | Ehorz | Evert | Max: Avg | Avg: Min |
Illuminance Criteria | ||||
Type of Lighting | Ehorz | Evert | Max: Avg | Avg: Min |
Architectural facades1 | n/a | 2.0 - 4.0 | n/a | n/a |
Building entry/exit (avg.) | 1.0 - 1.5 | 0.4 - 0.8 | 3:1 | 2:1 |
Site gated entries (avg.) | 0.4 - 0.8 | 0.2 - 0.6 | 3:1 | 3:1 |
Canopy areas (avg., recreational) | 3.0 - 10 | 1.0 - 3.0 | 2:1 | 3:1 |
Parking lots, asphalt (min.) | 0.5 | 0.2 | 3.5:1 | 4:1 |
Parking lots, concrete (min.) | 1.0 | 0.5 | 3.5:1 | 4:1 |
Pathways within/adjacent to pkg (min.) | 1.0 | 0.5 | 3.5:1 | 4:1 |
Storage areas (avg., for security2) | 0.8 - 1.0 | 0.8 - 1.0 | 2:1 | 2:1 |
Plazas and exterior retail (avg.) | 0.6 - 1.0 | 0.2 - 0.4 | 2:1 | 2:1 |
Courtyards and landscaped gardens | 0.1 - 0.2 | 0.0 - 0.1 | 4:1 | 5:1 |
Notes: 1. Apply strategically to 10% of building face thus uniformity is not applicable. The intent is to highlight architectural features and entrances and maximize visual impact. 2. Temporary increases in illumination are permitted so long as the return to normal illumination is automatic such as by motion sensor. | ||||
15.1.7 Excessive illumination.
A. Lighting within any lot that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other property is prohibited. Lighting unnecessarily illuminates another lot if it exceeds the requirements of this section.
B. All outdoor lighting shall be designed and located such that the maximum illumination at the property line does not exceed the lesser of 0.5 fc horizontal and 0.1 fc vertical or 10% of average illuminance for the site on neighboring residential sites.
C. All outdoor lighting shall be designed and located such that illuminance at the property line does not exceed the lesser of 1.0 fc horizontal and 0.5 fc vertical or 50% of the average illuminance for the site on neighboring commercial sites and public rights-of-way.
D. BUG ratings: Free-standing luminaires (bollards, pole-mounted, and the like) shall be installed and oriented in accordance with the respective photometric data and shall have a glare rating of not more than two. Uplight ratings greater than one will be allowed only by special permission. The backlight component shall be not more than two where located within one mounting height of the property line.
E. Lighting mounted to structures located in proximity to roadways shall be selected, oriented, and shielded as required to focus the concentrated beam away from streets to avoid distraction or interference with the vision of drivers on such streets.
F. Fixtures used to accent architectural features, landscaping, or art shall be located, aimed, and/or shielded to eliminate light spilling onto roadways, adjacent properties, or into the night sky.
G. Blinking or flashing lights shall be prohibited unless the lights are required as a safety feature (e.g., beacons on towers) or shall be permitted as part of a sign in accordance with Article 13, Signs.
15.1.8 Nonconforming lighting. Lighting fixtures existing as of the date of the adoption of this section, may remain, and shall be considered pre-existing luminaires. Modifications, replacement, or expansions shall conform to the standards of this ordinance. This does not apply to routine maintenance of the fixtures.
(Ord. passed 2-3-2021)
15.2.1 Policy purpose. The purpose is to establish an official policy for the town pertaining to the installation of street lights for the purposes of traffic safety. This sets forth criteria for the installation of roadway lighting within the town limits in addition to general site lighting requirements of 15.1.1 which shall be applied where practicable.
The specific intent for this is as follows:
• Establish standards for the installation and maintenance of roadway lighting;
• Define illumination criteria specific to roadway lighting; and
• Identify lighting equipment to be used within the town.
15.2.2 Application. This Article, upon adoption, shall apply to all rights-of-way (streets and roads) within the municipal limits of the town and any rights-of-way (streets and roads) annexed in the future until such time that this is altered, modified, or rescinded by the Town Council. Lighting in annexed areas would be considered exempt upon the day of annexation.
15.2.3 Standards.
15.2.3.1 Lighting equipment.
Decorative pole lights are provided in residential areas. Luminaires shall be American Electric Lighting (AEL) “Revolution” (or similar) with post fitting. Poles are round, straight, aluminum to provide a 12-foot mounting height. Bases are direct buried or set with a concrete base installed with a minimal setback from the street, not to exceed the exposed pole height.
Utilitarian roadway lighting is provided in commercial areas. Luminaires shall be as determined by the furnishing utility. Poles are sized with respect to base to provide a 25-foot mounting height.
Most all of town roadway lighting is 4000K metal halide. Residential decorative luminaires are typically 100-150W. Roadway luminaires are typically 250-400W. All new installations shall be metal halide or solid state light emitting diodes (LED). LED lighting is to be 4000-5000K, or the latest technology in lighting available.
15.2.3.2 Design criteria and locations.
A. The placement of street lighting fixtures in residential areas shall be at 200- to 300-foot intervals and should be consistent with adjacent or adjoining residential areas unless:
1. The roadway length is less than 300 feet, in which case a street light will be provided near the midpoint of the street located intelligently for best coverage of the roadway and minimal encroachment of lot;
2. Where the roadway length is less than 150 feet and a street light is placed at the intersection and no natural features create a problem, no street light will be placed along the segment; or
3. The vertical and horizontal street alignment or natural features necessitate shorter spacing intervals.
B. The placement of street lighting shall be in accordance with the latest revision of the Illuminating Engineering Society’s Recommended Practice for Roadway Lighting (RP-8) as follows which uses Luminance (L, cd/m2) rather than Illuminance (E, fc) to evaluate outdoor lighting. For collector roads such as St. James Drive, a recommended 0.4-0.6 cd/m2 is recommended depending upon activity levels with average/minimum ratios and maximum/minimum ratios of 3.5 and 6.0, respectively. For the majority of town roads which are local roads, a recommended 0.3-0.5 cd/m2 is recommended depending upon activity levels with average/minimum ratios and maximum/minimum ratios of 6.0 and 10.0, respectively.
C. Intersections and Crosswalks: A street light shall be provided at all street intersections and at least one luminaire per end of crosswalk. It is not necessary to duplicate lighting equipment for these functions where they occur in proximity. Multi-purposing of lighting equipment for roadways, intersections, and crosswalks is recommended. Furthermore, luminaires at inters should be placed to illuminate street signs when feasible.
Intersections and Crosswalk Illumination | |||
Subject Area | Eavg | Evert |
AVG: MIN |
Collector road/local road intersection | 1.0 - 1.6 | n/a | 4:1 |
Local road/local road intersection | 0.8 - 1.4 | n/a | 6:1 |
Crosswalks1 | n/a | 2.0+ | n/a |
Other pedestrian conflict areas | 0.4 - 0.5 | 0.1 - 0.2 | 4:1 (horz) |
Notes: 1. Recommendation is given for mid-block crosswalks based on driver visibility. Illumination at crosswalks in areas of greater ambient illumination (such as at inters) should be increased. | |||
D. Street light fixtures shall conform to the following.
1. All fixtures in residential areas shall be either 100-watt (8,500-lumen) metal halide or LED luminaires with 5000-7000 lumens delivered and Type V distribution on standard poles 12 feet in height. The fixture shall be placed as close to the “neck” of cul-de-sacs as possible.
2. All fixtures along thoroughfares shall be no greater than 250-watt (23,800-lumen) metal halide lamp or LED luminaires with 14,000-19,000 lumens delivered in full-cutoff luminaires on standard poles 25 feet in height. Variations in mounting height with proper justification may be approved by the Zoning Administrator.
3. Through the site plan and subdivision plan approval process, the Town Council may approve street lighting which exceeds the standard town requirements for residential streets so as to reduce the length of sag vertical curves, provided the street lights are operational prior to the issuance of any certificates of occupancy on such street. In any case, the minimum allowable length of sag vertical curves shall be as follows: residential streets - 20 x A; cul-de-sacs and loop roads - 15 x A, where A is the algebraic difference in gradients.
15.2.3.3 Installation. The Town Council hereby establishes the following.
A. Street lighting facilities and street lights shall be provided by the developer on any roadway, portion of roadway, or widening prior to the town’s acceptance of that section for financial responsibility unless otherwise approved by the TOSJ UDO Administrator.
B. The owner, developer, or subdivider of a site plan or subdivision shall be required to provide street lighting, via underground distribution, along all proposed streets and along all adjoining existing streets and thoroughfares in accordance with this unless specifically approved otherwise by the Town Council.
C. Underground service for light fixtures within the corporate limits of the town is the responsibility of developer in conformance with the National Electric Safety Code (NESC) and National Electrical Code (NEC) standards at the developer’s expense.
D. The developer, property owners association, and/or the town’s Fire Department shall be responsible for all installation costs and monthly operating costs above what is accepted by policy of the Town Council associated with the street lights.
15.2.3.4 Modifications. The town partners with the local utility, Brunswick Electric Membership Corporation (BEMC), for installation and maintenance of street lighting per BEMC’s published monthly rates. Therefore, a developer may request to use decorative or “private” street lighting within a development provided:
A. Street light fixture types and locations must meet the minimum criteria set forth in this Article and must be approved by the town. Luminaires and poles that do not fit the character of the town will be rejected;
B. The developer and/or homeowners association shall be responsible for all installation costs and monthly operating costs above what is accepted by policy of the Town Council associated with the street lights;
C. Additional maintenance associated with cleaning and tree-pruning may be required to retain consistency with the rest of the town. All costs related to additional maintenance will be the responsibility of the property owners association;
D. The developer and/or homeowners association shall be responsible for any costs associated with deletion of the street lights and any costs associated with installing the town’s standard streetlights; and
E. The developer shall include all responsibilities of the homeowners association pertaining to the street lighting in the development covenants. The developer shall inform all purchasers of property in the development of these same responsibilities.
Residents along a street may request the relocation of a street light, provided that the proposed street light location meets town standards and the relocation is approved by the TOSJ UDO Administrator. Residents may request through the town a modification of an existing light fixture.
(Ord. passed 2-3-2021)
Authorization for street light installations shall occur at such time as:
A. The developer requests the installation of street lights. The town is billed for the lease once the lights are installed and operational, unless upon approval of the UDO Administrator, the developer is allowed to continue paying BEMC. The lights must be operational prior to the issuance of any certificates of occupancy being issued;
B. Certificate of occupancy is issued in the immediate area of the proposed street light location; or
C. Thoroughfare, marginal access street, or collector street is constructed or widened as a part of development. Thoroughfares, marginal access streets, and collector streets that are constructed or widened by the town shall be lighted immediately after construction.
Part III. DEFINITIONS AND ABBREVIATIONS
BACK LIGHT. The luminaire lumens distributed behind a luminaire between 0 and 90 degrees vertical. Subdivisions are considered to be BL (low) from 0-30 degrees vertical; BM (mid) from 30-60 degrees vertical; BH (high) from 60-80 degrees vertical; BVH (very high) from 80-90 degrees vertical.
BUG RATING. The IES rating system for luminaires that measures backlight, uplight, and glare using three individual ratings, respectively.
CANDLEPOWER. The density of luminous flux, or light energy, per solid angle (directional cone of light) expressed as lumens per steradian, or candela. CANDLEPOWER is normally associated with a directional type fixture such as a floodlight. Also called LUMINOUS INTENSITY.
CROSSWALK. Any portion of a roadway at an intersection or elsewhere distinctly indicated as a pedestrian crossing by lines on the surface which may be supplemented by contrasting pavement texture, style, or color.
CUTOFF. A luminaire light distribution where the candela per 1,000 lamp lumens does not numerically exceed 25 (2.5%) at an angle at or above 90 degrees above nadir, and 100 (10%) at a vertical angle at or above 80 degrees above nadir. This applies to all lateral angles around the luminaire.
DIRECT LIGHT. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
FIXTURE. The assembly that houses the lamp or lamps and can include all or some of the following parts: housing, mounting bracket or pole, socket, lamp holder, ballast, reflector or mirror, and/or refractor or lens.
FLOOD LIGHT or SPOTLIGHT. Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction with a wide or narrow beam. (These fixtures and lamp types are not allowed within the town.)
FOOTCANDLE (FC). The imperial unit of measurement of illuminance (E) relative to square-feet. 1 fc = 0.0929 lx.
FULL CUTOFF. A luminaire light distribution where zero candela intensity occurs at or above an angle of 90 degrees above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically exceed 100 (10%) at a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire.
FULLY SHIELDED LIGHTS. Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane.
GLARE. The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to with the eyes are adapted (subjective brightness) causing annoyance, discomfort (discomfort glare), or loss of visual performance and visibility (disability glare).
IES. The Illuminating Engineering Society is the recognized technical authority on illumination, a not-for-profit professional organization of lighting practioners with the mission to improve the lighted environment by bringing together those with lighting knowledge and by translating that knowledge into actions that benefit the public.
ILLUMINANCE (E). The amount of light (luminous flux) falling on a surface located at a point and relative to a direction as expressed in lumens per unit area, typically footcandles or lux.
ILLUMINANCE, AVERAGE (EAVE). The average of a number of points of footcandle calculations or footcandle readings in a given area. They could be initial or maintained.
ILLUMINANCE, AVERAGE MAINTAINED. The average of a number of points of footcandle calculations or footcandle readings in a given area which have been adjusted to account for maintenance which includes luminaire dirt depreciation (LDD) and lamp lumen depreciation (LLD).
ILLUMINANCE, AVERAGE TO MINIMUM. The ratio of average footcandle value to the minimum footcandle value at a point per a calculation or reading for a given area. This ratio is generally maintained footcandles but could be initial. This ratio is an indicator of lighting uniformity. The lower the ratio the better the uniformity.
ILLUMINANCE, INITIAL (EINI). Footcandles calculated with no adjustment for dirt buildup in the fixture or lamp lumen depreciation. Initial footcandles should be measured when a lighting system is new and after 100 hours of lamp burn-in time. Car dealerships are often designed to initial footcandles.
ILLUMINANCE, MAINTAINED. Footcandles that are calculated with an adjustment for a maintenance factor to include dirt buildup in the luminaire (fixture) and lamp output depreciation. The system is in effect over designed initially and then over time falls to a maintained footcandle level. The maintenance factor used in the design process to account for this depreciation cannot be lower than 0.72 for high-pressure sodium and 0.64 for metal halide and mercury vapor.
ILLUMINANCE, MAXIMUM. The maximum footcandle point calculation or reading in a given area. The maximum is generally maintained footcandles but could be initial.
ILLUMINANCE, MAXIMUM TO MINIMUM. The ratio of the maximum footcandle point calculation or reading to the minimum footcandle point calculation or reading for a given area. This ratio is generally maintained footcandles but could be initial. This ratio is an indicator of lighting uniformity. The lower the ratio the better the uniformity.
ILLUMINANCE, MINIMUM. The minimum footcandle point calculation or reading in a given area. The minimum is generally maintained footcandles but could be initial.
INDIRECT LIGHT. Direct light that has been reflected or has scattered off of other surfaces.
INTERNAL REFRACTIVE LENS. A glass or plastic lens installed between the lamp and the sections of the outer fixture globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.
LAMP. The component of a luminaire that produces visible fight.
LIGHT LOSS FACTOR (LLF). A factor used in a lighting calculation to approximate changes in light output of the system that occur over a given period of time that is an aggregate of multiple factors such as temperature and voltage variations, dirt accumulation (luminaire dirt depreciation, LDD), luminaire surface depreciation, or reduced lamp output as the source ages (lamp lumen depreciation, LLD).
LIGHT POLLUTION. The added sky brightness caused by the scattering of electric light into the atmosphere, often referred to as sky glow.
LIGHT SOURCE. The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.
LIGHT TRESPASS. The effect of light that strays from the intended purpose and causes annoyance, loss of privacy, or loss of intended functionality or is a determent to visual performance. A luminaire producing light beyond the boundaries of the property on which it is located and intended is considered to be LIGHT TRESPASS.
LUMEN (lm). The SI unit of luminous flux total quantity of light emitted from a light source. One footcandle is one lumen per square foot. For the purpose of this ordinance, the lumen-output values shall be the initial lumen output ratings of a lamp as listed in a lamp catalog.
LUMINAIRE. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.
LUMINANCE. The quantity of light reflected or emitted toward an observer; what an observer sees whether reflected from an object or coming directly from a source; commonly referred to as brightness. All surfaces have some reflecting qualities and therefore have LUMINANCE, light surfaces being more reflective than dark surfaces.
LUX (lx). The SI unit of measurement of illuminance relative to square-meters. 1 lx = 10.76 fc.
MOUNTING HEIGHT OF LUMINAIRE. The vertical distance between the ground, or other referenced task plane, and the center of the apparent light source of the luminaire.
NON-CUTOFF. A luminaire light distribution where there is no candela limitation in the zone above maximum candela.
OUTDOOR LIGHTING. The nighttime illumination of an outside area or object by any human- made device located outdoors or indoors that produces light by any means.
OUTDOOR LIGHTING, TEMPORARY. The nighttime illumination of an outside area or object by any human-made device located outdoors that produces light by any means for a limited period of time. This period can be specified by the town.
PRE-EXISTING LUMINARIES. Luminaries not conforming to this ordinance that were in place at the time this ordinance was voted into effect.
ROAD CLASSIFICATION, COLLECTOR. Roads servicing traffic between major and local streets. These are streets used mainly for traffic movement within residential, commercial, and industrial areas.
ROAD CLASSIFICATION, LOCAL. Streets used primarily for direct access to residential, commercial, industrial, or other abutting property.
ROAD CLASSIFICATION, MAJOR. The part of a roadway system that serves as the principal network for through-traffic flow connecting areas of principal traffic generation and important rural roadways entering and leaving a city. These roads are also referred to as “thoroughfares” or “preferentials”.
ROADWAY LIGHTING. Lighting provided for freeways, expressways, limited access roadways, and roads on which pedestrians, cyclists, and parked vehicles are generally not present to help motorists remain on the road and detect obstacles within and beyond the range of vehicle headlamps. (See also STREET LIGHTING).
SAG (VERTICAL) CURVE. A vertical curve that connects a segment of roadway with a segment of roadway that has a more positive grade, (downhill to level, downhill to uphill.)
SEMI-CUTOFF. A luminaire light distribution where the candela per 1,000 lamp lumens does not numerically exceed 50 (5.0%) at an angle at or above 90 degrees above nadir, and 200 (20%) at a vertical angle at or above 80 degrees above nadir. This applies to all lateral angles around the luminaire.
STREET LIGHTING. Lighting provided for major, collector, and local roads where pedestrians and cyclists are generally present to help motorists identify obstacles, provide adequate visibility of pedestrians and cyclists, and assist in visual search tasks both on and adjacent to the street.
UNIFORMITY. A description of the smoothness of the lighting pattern or the degree of intensity of light and dark areas in the roadway or area to be lighted. UNIFORMITY is usually expressed as a ratio such as max to min or average to min. The lower the ratio the more uniform the lighting design.
UPLIGHT. The luminaire lumens distributed above a luminaire between 90 and 180 degrees vertical. Subdivisions are considered to be UL (low) from 90-100 degrees vertical; UH (high) from 100- 180 degrees vertical.
VEILING LUMINANCE. A luminance superimposed on the retinal image which reduces its contrast. It is this veiling effect produced by bright sources or areas in the visual field that results in decreased visual performance and visibility. An example of this is this would be with oncoming automobile headlights.
VEILING LUMINANCE RATIO. Ratio of the maximum veiling luminance of the light fixture in question in the area that is being lighted to the average luminance of the area being lighted. The higher the ratio the worse the disability glare and the lower the visibility. IESNA-RP-8-00 recommended ratios are 0.3 (0.3 to 1) for expressways and major roadways and 0.4 (0.4 to 1) for collector and local roads. (The determination of this ratio is a function of a combination of the road width pole spacing, rated lamp lumens, mounting height, and the classification or type of fixture [cutoff, semi-cutoff, or non-cutoff]. Problems occur most often with non-cutoff post mounted fixtures at low mounting heights [less than 20 feet] with low to medium lumen packages. To meet the ratio requirements, the spacing of poles may need to be as close as 25 or 30 feet staggered spacing with the use of 9,500 lumens in a non-cutoff post- mounted acorn fixture. Wider spacing can be accomplished with cutoff type distribution fixtures.)
WALL PACK. A type of light fixture typically flush-mounted on a vertical wall surface.
WIDE-BODY REFRACTIVE GLOBE. A translucent lamp enclosure used with some outdoor fixtures to provide a decorative look (including, but not limited to, acorn- and carriage light-style fixtures). WIDE-BODY refers to a wider than average size globe (greater than 15.75 inches in diameter). REFRACTIVE refers to the redirection (bending) of the light as it goes through the lens, rendering the light fixture more effective. WIDE-BODY REFRACTIVE GLOBES are intended to soften and spread the light being distributed from the light source thereby reducing direct glare.
(Ord. passed 2-3-2021)
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