A. 
Purpose
1. 
To require and set minimum standards for outdoor lighting to:
a. 
Provide lighting in outdoor public places where public health, safety and welfare are potential issues.
b. 
Protect drivers and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe traverse.
c. 
Protect neighbors and the night sky from nuisance glare and stray light from poorly shielded, aimed, placed, applied or maintained light sources.
d. 
Promote efficient design and operation with regard to energy conservation.
e. 
Protect and retain the established character of the County.
B. 
Applicability
1. 
Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and traverse, including but not limited to the following uses: residential developments for multi-family dwellings or single-family attached dwellings, commercial, industrial, public-recreational and institutional.
2. 
Outdoor lighting may be required for other uses or locations, as deemed necessary by the Planning Commission.
3. 
The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, recreational and marine facility lighting.
4. 
Exemptions:
a. 
Temporary use of low wattage lighting for public festivals, celebrations, and seasonal or holiday observances.
b. 
Temporary emergency lighting used by a public safety agency during an emergency.
c. 
Temporary lighting for community celebrations or events.
d. 
Temporary lighting for County or State public works projects.
e. 
Outdoor lighting for single-family detached dwellings.
f. 
Temporary lighting used for private emergencies.
g. 
Temporary lighting used for construction with an approved building permit.
h. 
Flag pole lighting, provided it is not a safety hazard.
5. 
Non-conforming Lighting
a. 
Any light fixture or lighting installation lawfully existing on the effective date of these regulations (05/01/06) that does not conform with the requirements of these regulations, shall be considered as a lawful nonconforming use subject to the following:
i. 
A non-conforming light fixture or lighting installation shall be made to conform with the applicable requirements of these regulations when:
(a) 
It is broken and endangering the public and/or causing glare into oncoming traffic, creating a safety hazard, as determined by the Director of Planning & Zoning; or
(b) 
It is replaced or relocated.
C. 
Definitions
Definitions for the terms used within this Section of the Zoning Ordinance can be found in Article 12, Definitions.
D. 
Criteria
1. 
Illumination Levels
a. 
Lighting, where required or permitted by these regulations, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook or separately in IESNA Recommended Practices.
b. 
As the County recognizes future editions, amendments or updates to said IESNA Lighting Handbook/recommended practices of the IESNA, any outdoor light fixture or lighting installation that was installed in conformance with the IESNA Lighting Handbook that was in effect at the time shall become a non-conforming use and shall be subject to the Zoning Ordinance, Section 6-6.01.B. 5, Non-conforming Lighting.
2. 
Lighting Fixture Design
a. 
Fixtures shall be of a type and design appropriate to the lighting application.
b. 
For lighting horizontal tasks such as roadways, sidewalks, paths, entrances and parking areas, fixtures shall be aimed straight down, shall have flat lenses and shall meet IESNA full cutoff criteria, or shall meet the design standards of the Town Center Zoning Ordinances.
c. 
The use of floodlighting, spotlighting, wall-mounted fixtures, internally illuminated decorative globes and spheres and other fixtures not meeting IESNA full-cutoff criteria, shall be permitted only with the approval of the Planning Commission or its designee, on a case-by-case basis, based upon achievement of the purpose of the Outdoor Lighting Regulations stated in Section 6-6.01.A.1.a. through e. Glare control may include, but is not limited to, refractive globes and internal cutoff refractors.
d. 
Fixtures shall be equipped with light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or to reduce direct or reflected glare.
e. 
NEMA-head (National Electrical Manufacturers Association) fixtures, a.k.a. "barn lights"/" dusk-to-dawn lights"/" security yard lights" that are non-cutoff or wall packs that are non-cutoff shall not be permitted except for use in agricultural activities. NEMA-head fixtures that are full cutoff and wall packs that are full cutoff shall be permitted.
3. 
Control of Nuisance and Disabling Glare
a. 
In no case shall the illumination cast by a source or sources onto an adjacent residential property exceed 0.1 horizontal footcandle measured line-of-site, from any point on the adjacent residential property.
b. 
All outdoor lighting on commercial, industrial, County Government, recreational, or institutional property, or residential developments for multi-family dwellings or single-family attached dwellings or used for marine facilities shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers, pedestrians, or boat operators by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting light onto a neighboring use or property. All outdoor light fixtures shall be full cutoff except as noted in paragraph 'D.2'.
c. 
All outdoor lighting fixtures that light the area under outdoor canopies shall be flat lens so that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element, so that direct light emitted above the horizontal plane is eliminated. In addition, luminaires mounted beneath canopies shall be recessed so that the lens cover is recessed or flush with the bottom of the surface (ceiling) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is cut-off at less than 90 degrees. Luminaires shall not be mounted on the top or sides (fascias) of the canopy, and the sides (fascias) of the canopy shall not be illuminated. Outdoor canopies include, but are not limited to, the following applications:
i. 
Fuel Island canopies associated with service stations and convenience stores.
ii. 
Exterior canopies above storefronts in shopping centers and malls.
iii. 
Exterior canopies above driveways and building entrances.
iv. 
Pavilions and gazebos.
d. 
Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward or can be ground-mounted provided that they have glare shields. All such fixtures shall be so designed or fitted to concentrate the light output onto and not beyond the sign or billboard.
e. 
Directional fixtures, e.g., floodlights or spotlights, for such applications as facade, fountain, feature, recreational and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated.
f. 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
4. 
Installation
a. 
Electrical feeds for fixtures mounted on poles shall run underground, not overhead, except for temporary lighting as specified in paragraph 'B.4' of this Section.
b. 
Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, shall be placed a minimum of five (5) feet outside paved area, curbing or tire stops, or on concrete pedestals at least thirty (30) inches high above the pavement, or suitably protected by other approved means.
c. 
The top of fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of thirty-two and a half (32.5) feet above finished grade. The top of fixtures meeting IESNA "cutoff" criteria shall not be mounted in excess of sixteen (16) feet above grade. Sports field and sports court lighting is exempt from these height restrictions.
5. 
Maintenance
Lighting fixtures and ancillary equipment shall be maintained so as to meet the requirements of these regulations.
E. 
Plan Submission
1. 
For applications where site lighting is required or proposed, lighting plans shall be submitted to the Department of Planning & Zoning for review and approval prior to approval of the detailed site development plan, plot plan, or building permit, and shall include:
[Amended 6-9-2020 by Ord. No. 14-20]
a. 
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include in addition to area lighting, architectural lighting, building-entrance lighting, landscape lighting, etc.
b. 
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. A pole foundation detail is to be provided on the plan.
c. 
10 feet x 10 feet illuminance-grid (point-by-point) plot of maintained footcandles, carried out to 0.0 footcandles, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in these regulations. The maintenance (light-loss) factor used in calculating the illuminance levels shall be documented on the plan.
2. 
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be either:
a. 
Submitted to the Department of Planning & Zoning for review and approval prior to the alteration or substitution; or
b. 
The applicant shall submit a statement from the manufacturer certifying compliance of construction and performance of the specified fixtures. Substitutions shall comply with the Outdoor Lighting Regulations. A note to that effect shall be placed on the lighting plan.
F. 
Post Installation Inspection
1. 
The County reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of these regulations, and if appropriate, to require remedial action at no expense to the County. A note to that effect shall be placed on the lighting plan.
G. 
Violations, Penalties, and Enforcements
Refer to Section 1-7 of the Zoning Ordinance.
H. 
Modifications
Where in the case of a particular lighting application, it can be shown that strict compliance with the IESNA lighting intensities and uniformity ratios would result in extraordinary hardship to the applicant because of unusual topography, shape of the parcel, specialized use, existing lighting, or other such non-self-inflicted condition, or that these conditions would result in inhibiting the achievement of the objectives of these regulations, the Planning Commission may, after consultation with appropriate agencies (such as the Departments of Economic Development, Public Safety, Public Works, and Planning & Zoning, and the Division of Inspections & Permits), vary, modify, or waive the requirements, provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this regulation or interfere with carrying out the Comprehensive Plan of Calvert County. In no case shall any variation or modification be more than the minimum easing of the requirements and in no instance shall it conflict with any zoning ordinance or zoning map. In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.
I. 
Measurement Instrument.
The light meter used for verification of illuminance levels shall be certified by the manufacturer as meeting National Institute of Standards and Technology (N.I.S.T.) standards for light meters.
J. 
Effective Date
These regulations shall become effective immediately upon enactment.