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5.4.4.   Prohibited Lighting
The following forms of exterior lighting shall be prohibited:
   A.   Traffic Control Signals.
      1.   Lighting that imitates an official highway or traffic control light or sign; or
      2.   Lighting in the direct line of sight with any traffic control light or sign.
   B.   Flashing or Revolving. Flashing, revolving, or intermittent exterior lighting visible from any lot line or street.
   C.   High Intensity Lighting.
      1.   High intensity light beams, such as searchlights or laser lights, except when used by federal, State, or local authorities; or
      2.   High intensity LED or neon lighting fixtures mounted around the interior or exterior of a window, door, or other architectural feature on a structure.
   D.   Luminous Tube Lighting. Luminous tube lighting (e.g., neon, rope lighting, etc.) is prohibited on building exteriors and in configurations where it outlines a window or glass door from the inside of a structure.
(Ord. 2020-36, passed 12-2-2019)
5.4.5.   Lighting Plan
   A.   Applicability.
      1.   An exterior lighting plan shall be required for all areas proposed for illumination that exceed 10,000 square feet in area.
      2.   Projects with multiple areas proposed to be illuminated (such as separate parking lots) shall submit a site lighting plan if the sum of the multiple areas exceed 10,000 square feet.
   B.   Elements to Include. Regardless of whether an exterior lighting plan is prepared, a site plan, or building permit application, as appropriate, shall indicate the following:
      1.   Exterior lighting fixture type;
      2.   Exterior lighting pole height;
      3.   Exterior lighting fixture shielding; and
      4.   A statement by the applicant that any proposed exterior lighting complies with the applicable requirements in this section.
   C.   Certification Required. Certification must be provided by the person preparing a lighting plan that the proposed development complies with the exterior lighting standards of this section.
(Ord. 2020-36, passed 12-2-2019)
5.4.6.   Exterior Lighting Standards
All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements:
   A.   Shielding.
      1.   Overhead lighting fixtures shall be designed to prevent light from emitting upwards towards the sky.
      2.   Under canopy lighting fixtures should be completely recessed within the canopy.
      3.   Wall packs shall be cut-off and wall-mounted floodlights shall be shielded (e.g., true cutoff type bulb or light source not visible from off-site) to direct light downward.
      4.   Exterior lighting fixtures located on private property and visible from a residential land use shall be configured so that the source of illumination (the bulb) is not visible from the residential land use (see Figure 5.4.6.A: Light Shielding).
Figure 5.4.6.A: Light Shielding
   B.   Fixture Height.
      1.   Lighting fixtures shall be a maximum of 30 feet in height within the parking lot and shall be a maximum of 15 feet in height within non-vehicular pedestrian areas.
      2.   All light fixtures located within 50 feet of any single-family detached or duplex dwelling shall not exceed 15 feet in height.
   C.   Lamp Type.
      1.   Incandescent, florescent, metal halide, light-emitting diode (LED), or color corrected high-pressure sodium lamps are permitted.
      2.   Non-color-corrected high pressure sodium lamps are prohibited.
      3.   Other lamp types are allowed when the color emitted is similar to the permitted lamp types.
      4.   The same lamp type must be used for the same or similar types of lighting throughout a development.
   D.   Mounting Location. Exterior lighting shall be mounted and configured in such a manner so that the cone of illumination is contained on-site and does not cross any lot line around the perimeter of the site (see Figure 5.4.6.D: Mounting Location).
Figure 5.4.6.D: Mounting Location
   E.   Appearance.
      1.   Exterior lighting fixtures shall be designed as an integral element that complements the design of the project through compatible style, material, and color.
      2.   Exterior lighting fixtures shall be designed in a consistent and coordinated manner for the entire site.
(Ord. 2020-36, passed 12-2-2019)
5.4.7.   Maximum Illumination Levels
Exterior lighting shall be designed and located such that the maximum illumination measured in footcandles at ground level at any lot line shall not exceed the standards in Table 5.4.7: Maximum Illumination Levels.
TABLE 5.4.7: MAXIMUM ILLUMINATION LEVELS
Type of Abutting Use or Zoning District [1]
Maximum Illumination Level at the Lot Line (Footcandles) [2]
TABLE 5.4.7: MAXIMUM ILLUMINATION LEVELS
Type of Abutting Use or Zoning District [1]
Maximum Illumination Level at the Lot Line (Footcandles) [2]
Single-family residential or duplex use or land zoned for single-family development
0.5
Multi-family or mixed-use development or land zoned for multi-family or mixed-use development
0.5
Mixed-use development or land zoned for mixed-use development
1.5
Institutional use [3]
2.0
Commercial or industrial use or land zoned for uses other than residential
2.5
Public or private street right-of-way
5.0
NOTES:
[1] These are the kinds of uses or zoning districts that abut the development. The maximum allowable illumination along any lot line shared with a single-family residential use is 1.0 footcandles, regardless of the type of use deploying the exterior lighting.
[2] In cases where a single development occupies multiple lots, the lot line shall be the lot line(s) around the perimeter of the project.
[3] Use types are organized by use classification in Table 4.2.3, Principal Use Table.
(Ord. 2020-36, passed 12-2-2019)
5.4.8.   Nonconforming Lighting
   A.   Lighting fixtures that do not comply with these standards that were lawfully established as of January 1, 2020, may remain, and shall be considered nonconforming structures.
   B.   Any modifications, replacement, or expansions to the exterior lighting facilities serving a development shall conform to the standards of this Ordinance.(Ord. 2020-36, passed 12-2-2019)
5.5.   FENCES AND WALLS
5.5.1.   Purpose and Intent
These standards provide development standards for permanent fences and walls on individual lots or development sites. These standards are proposed to protect the health and safety of the public while balancing the practical uses for fencing and walls like security and privacy with the need for aesthetic quality and a high quality built environment. More specifically, these standards are intended to:
   A.   Provide for privacy and security on individual lots;
   B.   Ensure proper construction techniques are followed and that fences and walls are maintained in good repair;
   C.   Assist with the transition between public and private spaces; and
   D.   Ensure fencing and walls are consistent with the Town's desired architectural character.
(Ord. 2020-36, passed 12-2-2019)
5.5.2.   Applicability
   A.   Generally. The provisions of this section shall apply to all construction or replacement of all fences, screening walls, or retaining walls. A fence or wall may only be erected in accordance with the standards in this section.
   B.   Pre-Existing Development. Lawfully-established fences and walls established prior to January 1, 2020 that do not comply with these standards shall be subject to the applicable standards in Article 7: Nonconformities.
(Ord. 2020-36, passed 12-2-2019)
5.5.3.   Exemptions
The following are exempted from the standards in this section:
   A.   Bona fide farms and agricultural use types in districts where these uses are permitted;
   B.   Temporary fences for construction sites, including but not limited to: fencing necessary for soil erosion and sedimentation control and tree protection.
(Ord. 2020-36, passed 12-2-2019)
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