[HISTORY: Adopted by the Town Council of the Town of Fenwick
Island 2-26-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building and utility construction — See Ch. 61.
Property maintenance — See Ch. 120.
Signs — See Ch. 135.
Subdivision of land — See Ch. 142.
Zoning — See Ch. 160.
[1]
Editor's Note: This ordinance superseded former Ch. 102,
Lighting, consisting of Art. I, General Lighting Regulations, adopted
7-26-1996, as amended, and Art. II, Lighting in Residential Zones,
adopted 9-27-1996.
The purpose of this chapter regulating lighting is as follows:
As used in this chapter, the following terms shall have the
meanings indicated:
Covering for a lamp or other light source with a glass or
acrylic translucent enclosure of the light source.
Outdoor light fixtures shielded or constructed so that no
direct light rays are emitted by the installed fixture which go beyond
the property lines of the lot(s) on which the light source is located
and the bulb cannot be seen from any other property.
Illumination initiated, created or generated from the interior
of a building or structure which is directed, reflected, filtered
or otherwise from the interior to the exterior.
The attachment, or assembly fixed in place, whether or not
connected to a power source, of any outdoor light fixture.
An assembly of one or more lamps (bulbs), tubes, etc., in
a device designed to hold them. The fixture may include a shielding
or filtering cover.
Illuminating devices, lighting or reflective surfaces, lamps
and similar devices, permanently installed or portable, used for illumination
or advertisement. Such devices shall include but are not limited to
search-, spot- and floodlights.
Includes firms, companies, corporations, partnerships, associations,
or any organizational entity as well as individuals.
A device that eliminates direct light rays (from a lamp or
other light source) in one or more directions.
The provisions of this chapter are not intended to prevent the
use of any design, material or method of installation or operation
not specifically prescribed by this chapter, provided that any such
alternative has been approved. The Building Official may approve any
such proposed alternative, provided that:
A.
It provides at least approximate equivalence to the applicable specific
requirements of this chapter.
B.
It is otherwise satisfactory and complies with the intent of this
chapter.
C.
Outdoor light(s) are fully shielded and not higher than 30 feet above
ground level if attached to a pole or above the bottom of the roofline
if attached to a building.
D.
Outdoor lighting under canopies or overhangs is fully shielded and
not higher than 30 feet from ground level.
E.
The highest part of any bulb or light fixture is used in determining
whether light(s) meet the height limitations of this chapter.
F.
All exterior light(s) or lighting is to be locked in a fixed position.
A.
Submission contents. The applicant for any permit required by any
provision of the laws of this Town in connection with proposed work
involving outdoor light fixtures shall submit (as part of the application
for permit) evidence that the proposed work will comply with this
chapter. The submission shall contain but shall not necessarily be
limited to the following, all or part of which may be part of or in
addition to the information required elsewhere in the laws of this
Town upon application for the required permit:
(1)
Plans indicating the location of all exterior lighting on the premises
and the type of illuminating devices, fixtures, lamps, supports, reflectors
and other devices.
(2)
A description of the illuminating devices, fixtures, lamps, supports,
reflectors and other devices, and the description may include, but
is not limited to, catalog cuts by manufacturers and drawings (including
sections, if needed, to make the application clear).
(3)
Photometric data, such as that furnished by manufacturers, or similar
material showing the angle of cutoff or light emissions.
B.
Additional submission. The plans, descriptions and data required
in this section shall be sufficiently complete to enable the Building
Official to determine readily whether compliance with the requirements
of the Code will be secured. If such plans, descriptions and data
cannot enable this determination, by reason of the nature or configuration
of the devices, fixtures or lamps proposed, the applicant shall additionally
submit evidence of certified reports of tests showing compliance,
provided that these tests shall have been performed and certified
by a recognized testing laboratory.
C.
Lamp or fixture substitution. Should any outdoor light fixture be
changed after the permit has been issued, a change request must be
submitted to the Building Official for his or her approval, together
with adequate information to assure compliance with the chapter, which
must be received prior to substitution.
A.
Certain fixtures and lamps: the installation or use of any mercury
vapor, low-pressure sodium, high-pressure sodium, metal halide, fluorescent,
quartz or any incandescent lighting fixture or lamp greater than 160
watts which is not fully shielded as provided in the chapter.
B.
Laser source light.
C.
Searchlights.
The following apply to lamps (bulbs) with or without shielding
or filtering and to lighting fixtures:
A.
Spotlights and floodlights shall be arranged so as not to directly
illuminate structures on adjacent or other properties.
B.
Illumination by any device or combination of devices (including those cited in Subsection A above) that is/are located within a structure, attached to a house or other structures or located anywhere on a residential or commercial property shall not produce light intensity at any adjacent property boundary in excess of five footcandles as measured by a light meter or similar device.
C.
Special attention shall be given to exposed lightbulbs that are unprotected
by filtering covers or shielding or not recessed into porch ceilings
or roof overhangs. Such exposed light bulbs may cause glare even if
all of the other provisions of this article are observed. If this
occurs, corrective action, such as shielding or filtering, shall be
taken.
A.
Request; renewal; information required. Any person may submit a written
request, on a form prepared by the Town, to the Building Official
for a temporary exemption from the requirements of the chapter.
B.
Approval; duration. The Building Official shall have five business
days from the date of submission of the request for temporary exemption
to act, in writing, on the request. If approved, the exemption shall
be valid for not more than 30 days from the date of issuance of the
approval. The approval shall be renewable at the discretion of the
Building Official upon a consideration of all the circumstances. Each
such renewed exemption shall be valid for not more than 30 days.
C.
Disapproval; appeal. If the request for temporary exemption is disapproved, the person making the request may appeal to the Town Council pursuant to § 102-12.
D.
Excepted from this chapter is lighting provided by the Town of Fenwick
Island, county or state governments and temporary emergency lighting
provided by police, firemen, electric utility companies and other
such organizations. When needed, the Town may allow individual residents
to provide temporary emergency lighting.
E.
Exterior holiday lights are exempt.
Outdoor lighting fixtures installed prior to and operable on
June 21, 1996, shall comply with the requirements of this chapter
no later than July 31, 2016.
In the event any person shall be found in violation of any section
of this chapter, he/she or it shall be given notice in writing, by
certified mail, return receipt requested, with copy by the same method
to the owner of the property if different from the person given notice.
The owner shall correct the violation within 30 days of the mailing
of such notice.
Any person aggrieved by any decision of the Building Official
made in administration of this chapter has the right to appeal to
the Town Council, within 15 days of receipt of notice, by giving written
notice of his or her election to do so to the office of the Town Manager
and upon payment of a fee as set by resolution of the Town Council
from time to time; the Town Manager shall notify the Secretary of
the Town Council and shall transmit to the Secretary all the papers
constituting the record upon which the decision appealed from was
taken. Town Council shall set a date, time and place for the hearing
of the appeal, which time and date may be at a regular Town Council
meeting or a special meeting of the Town Council, so long as the applicable
notice and time requirements may be met. Notice of the appeal and
scheduling of the appeal before Town Council shall be sent to the
appellant at least 15 days prior to the hearing date. In the event
of such an appeal, enforcement is stayed until a decision has been
reached by Town Council. Any decision made by Town Council is final.
Any person found guilty of violating any of the provisions of
this chapter shall, upon conviction thereof, be subject to a fine
of $100 as well as costs of prosecution and any court-imposed assessments.
Each day that a person continues to violate the provisions of this
chapter shall be deemed to be a separate offense.
A.
The provisions of this chapter are in addition to, and not in derogation
of, the provisions of any other applicable laws governing lighting,
including but not limited to the provisions of § 135-2H
and I.
B.
The provisions of this chapter are severable. If any section, subsection,
sentence, clause or phrase of this chapter or its application to any
person or circumstance is held invalid by the decision of any court
of competent jurisdiction, the remainder of this chapter is and shall
remain in full force and effect.
