[HISTORY: Adopted by the 5-10-2004 Annual Town Meeting, Art. 26. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 164.
The regulation of outdoor lighting is intended to: enhance public
safety and welfare by providing for adequate and appropriate outdoor
lighting, provide for lighting that will complement the character
of the town, reduce glare, encourage energy savings, and minimize
light trespass onto other properties.
The requirements of this bylaw shall apply to outdoor lighting
on lots and parcels in all districts but shall not apply to: one-
and two-family dwellings on lots on which they are the principal use,
or streetlighting, seasonal holiday lighting, public athletic fields,
light fixtures with a lighting output of less than 1,200 lumens (75
wattage incandescent lighting or equal), lights that control traffic,
or for public safety on streets and ways. Municipal facilities shall
comply with this bylaw except as required for emergency services and
public safety.
As used in this section, the following terms shall have the
meanings indicated:
A light fixture closed at the top with shielding so that
the lower edge of the shield is at or below the center line of the
light source or lamp so as to minimize the light rays emitted above
the horizontal plane.
Light emitted from a lamp with an intensity great enough
to produce a reduction in a typical viewer's ability to see.
The vertical distance from the finished grade of the ground
directly below the light fixture to the lowest point of the lamp of
the light fixture.
A bulb or other device that emits light, which is a component
of a light fixture.
[Amended 5-9-2016 ATM,
Art. 37]
A lighting device that may be secured to a wall, ceiling,
pole, or post and is used to hold one or more lamps. Lighting fixtures
are designed to distribute the light, to position and protect the
lamp(s), and to connect the lamp(s) to the electrical power supply.
The shining of direct light produced by a light fixture onto
an abutting lot, parcel, or street.
A.
To the greatest extent feasible, all light fixtures shall be equipped
with whatever shielding, lenses, or cutoff devices are required to
eliminate light trespass onto any street or abutting lot or parcel
and to minimize glare to persons on any street or abutting lot or
parcel.
B.
All light fixtures, regardless of their intended use or mounting
configuration, shall be fully shielded, and directed downward. Downward
direction may be waived by the Building Commissioner when illuminating
architectural features such as building sections, spires, American
flags, or landscaping features, provided efforts are made to minimize
glare.
C.
All light fixtures shall also be positioned on the site so as to
direct light into the site, lot or parcel and away from the property
boundaries of the site and away from abutting properties.
A.
Wherever outside light fixtures are proposed for parking areas, the
height of the light fixture, including the pole, base and light fixture
itself shall not exceed 20 feet in height.
B.
Wherever outside light fixtures are proposed for walkway lighting,
the height of the light fixture, including the pole, base and light
fixture itself shall not exceed 12 feet in height.
C.
Wherever outside light fixtures are proposed for walls or building
surfaces, the height of the light fixture, including the light fixture
itself, shall not exceed 12 feet in height.
D.
Wherever outside light fixtures are proposed for accenting architectural
features of building surfaces, the height of the light fixture shall
be exempt from the height requirements, provided the light fixture
is in compliance with all provisions of this bylaw.
When an existing outdoor lighting fixture is being modified,
extended, expanded, or added to, the outdoor lighting fixture shall
be subject to this section. All other outdoor lighting fixtures must
come into conformance with this section within 5 years of its effective
date.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision hereof.
[Amended 5-7-2012 ATM, Art. 29]
This bylaw shall be enforced by the Building Commissioner, or
his designee. Any person, firm or corporation violating any section
or provision of this bylaw shall be fined one hundred dollars ($100)
for each offense. Each day that such offense continues shall constitute
a separate offense.
A.
A Lighting Review Committee is hereby created and shall consist of three members appointed by the Board of Selectmen, or in the alternative the Board of Selectmen may designate the Architectural Review Committee, as set forth in § 164-33.1B of the Town of Orleans Zoning Bylaw, as the Lighting Review Committee. The Committee shall have the power to hear and decide appeals from orders or decisions of the Building Commissioner in accordance with § 122-9B.
B.
Any order or decision of the Building Commission made in the administration
of this bylaw, may be appealed by any person aggrieved, to the Lighting
Review Committee. Any such appeal shall be taken within thirty (30)
days from the date of the decision or order which is being appealed
by filing a notice of appeal, specifying the grounds thereof, in the
office of the Town Clerk with a copy in the office of the Building
Commissioner. The Lighting Review Committee shall hold a public hearing
on any such appeal within thirty (30) days from the date of filing.
The Lighting Review Committee shall cause notice of the public hearing
to be published once in a newspaper of general circulation in the
Town of Orleans at least seven (7) days before the hearing. All hearings
of the Committee shall be open to the public. The decision of the
Committee shall be made within fifteen (15) days of the close of the
public hearing and within seven days filed in the Office of the Town
Clerk with a copy sent to the petitioners. In exercising the powers
granted by this section, the Committee may make orders or decisions,
reverse or affirm in whole or in part, or modify any order of decision,
and to that end shall have all the powers of the Building Commissioner.
C.
An applicant may appeal for a variance from the requirements of this
section. The Lighting Review Committee may not grant such relief unless
it makes findings on each of the criteria below:
[Added 5-9-2016 ATM,
Art. 37]
(1)
That strict compliance with the bylaw creates an undue hardship on
the applicant;
(2)
That the relief sought is uncommon and not generally applicable to
other properties which must comply with the section;
(3)
That the proposed lighting will comply with the purpose of the bylaw;
and
(4)
That the relief is the least reasonably necessary.
