[HISTORY: Adopted by the Town of Kennebunkport 3-19-1977; amended 3-10-1979; 3-16-1985; 3-28-1992. Subsequent amendments noted
where applicable.]
A.
Good lighting at night benefits everyone. It increases safety, enhances
the Town's nighttime character and helps provide security. New lighting
technologies have produced lights that are extremely powerful and
this type of lighting may be improperly installed so that it creates
problems of excessive glare, light trespass, and higher energy use.
Excessive glare can be annoying and may cause safety problems. Light
trespass reduces everyone's privacy and higher energy use results
in increased costs for everyone. There is a need for a lighting ordinance
that recognizes the benefits of outdoor lighting and provides clear
guidelines for its installation so as to help maintain and complement
the Town's character. Appropriately regulated and properly installed,
outdoor lighting will contribute to the safety and welfare of the
residents of the Town.
B.
This chapter is intended to reduce the problems created by improperly
designed and installed outdoor lighting. It is intended to eliminate
problems of glare, minimize light trespass and help reduce the energy
and financial costs of outdoor lighting by establishing regulations
that limit the area that certain kinds of outdoor lighting fixtures
can illuminate and by limiting the total allowable illumination of
lots located in the Town of Kennebunkport.
For the purposes of this chapter, terms used shall be defined
as follows:
Light emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens of
a luminaire.
The assembly that houses the lamp or lamps, and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror and/or
a refractor or lens.
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.
Light emitting from a luminaire with an intensity great enough
to reduce a viewer's ability to see and in extreme cases to cause
momentary blindness.
The height of a luminaire shall be the vertical distance
from the ground directly below the center line of the luminaire to
the lowest direct-light-emitting part of the luminaire.
Direct light that has been reflected or has scattered off
of other surfaces.
The component of a luminaire that produces the actual light.
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
A unit of luminous flux. One footcandle is one lumen per
square foot. For the purposes of this chapter, the lumen output values
shall be the initial lumen output ratings of a lamp.
A complete lighting system and includes a lamp or lamps and
a fixture.
The illumination of an outside area or object by any man-made
device located outdoors that produces light by any means.
The specific illumination of an outside area or object by
any man-made device located outdoors that produces light by any means
for a period of less than seven days with at least 180 days passing
before being used again.
All public and private outdoor lighting installed in the Town
of Kennebunkport shall be in conformance with the requirements established
by this chapter.
A.
Control of glare; luminaire design factors.
(1)
Any luminaire with a lamp or lamps rated at a total of more than
1,800 lumens and all flood or spot luminaires with a lamp or lamps
rated at more than 900 lumens shall not emit any direct light above
a horizontal plane through the lowest direct-light-emitting part of the luminaire.
(2)
Any luminaire with a lamp or lamps rated at a total of more than
1,800 lumens and all flood or spot luminaires with a lamp or lamps
rated at a total of more than 900 lumens shall be mounted at a height
equal to or less than the value 3 + (D/3), where D is the distance
in feet to the nearest property boundary.
(3)
The maximum height of the luminaire may not exceed 25 feet.
B.
Exceptions.
(1)
Any luminaire with a lamp or lamps rated at a total of 1,800 lumens
or less and all flood or spot luminaires with a lamp or lamps rated
at 900 lumens or less may be used without restriction to light distribution
or mounting height, except that if any spot or flood luminaire rated
900 lumens or less is aimed, directed or focused so as to cause direct
light from the luminaire to be directed toward residential buildings
on adjacent or nearby land or to create glare perceptible to persons
operating motor vehicles on public ways, the luminaire shall be redirected
or its light output controlled as necessary to eliminate such conditions.
(2)
Luminaires used for public roadway illumination may be installed
at a maximum height of 25 feet and may be positioned at that height
up to the edge of any bordering property.
(3)
All temporary emergency lighting needed by the police, the Fire Department
or other emergency services, as well as all vehicular luminaires,
shall be exempt from the requirements of this section.
(4)
All hazard warning luminaires required by federal regulatory agencies
are exempt from the requirements of this section, except that all
luminaires used must be red and must be shown to be as close as possible
to the federally required minimum lumen output requirement for the
specific task.
(5)
Luminaires used primarily for sign illumination may be mounted at
any height to a maximum of 25 feet regardless of lumen rating.
C.
Temporary outdoor lighting.
(1)
Any temporary outdoor lighting that conforms to the requirements
of this chapter shall be allowed. Nonconforming temporary outdoor
lighting may be permitted by the Board of Selectmen after considering:
(2)
The applicant shall submit a detailed description of the proposed
temporary nonconforming lighting to the Board of Selectmen, which
shall consider the request at a duly called meeting of the Board of
Selectmen. Prior notice of the meeting of the Board of Selectmen shall
be given to the applicant and the Kennebunkport Lighting Committee.
(3)
The Board of Selectmen shall render its decision on the temporary
lighting request within two weeks of the date of the meeting. A failure
by the Board of Selectmen to act on a request within the time allowed
shall constitute a denial of the request.
A.
This chapter shall take effect immediately upon approval by the voters
of the Town of Kennebunkport at an annual or special Town Meeting
and shall supersede and replace all previous ordinances pertaining
to outdoor lighting.
B.
All luminaires in place prior to the date of this chapter shall be
grandfathered. However, any luminaire that replaces a grandfathered
luminaire, or any grandfathered luminaire that is moved, must meet
the standards of this chapter.
A.
Installation of any new public area and roadway lighting fixtures
other than for traffic control shall be specifically approved at an
Annual Town Meeting.
B.
Before any proposal for new multiple public roadway lighting luminaires
shall be included in a warrant for an Annual Town Meeting, the Lighting
Committee and the Board of Selectmen or its representative shall hold
a public hearing to describe the proposal and to provide an opportunity
for public comment. Notice of hearing shall be printed in a newspaper
of general circulation not less than one week prior to the date of
the hearing and shall be posted for a period of at least one week
before the meeting.
A.
The Town of Kennebunkport building permit application form shall
include a statement asking whether the planned project will include
any outdoor lighting.
B.
Within 30 days of the enactment of this chapter, the Code Enforcement
Officer shall send a copy of the Outdoor Lighting Ordinance with a
cover letter to all local electricians and local electric utilities,
including at least those in the towns of Kennebunkport, Kennebunk,
Wells, Arundel and Biddeford as listed in the 1992 NYNEX Yellow Pages.
A.
Violations and legal actions. If after investigation the Code Enforcement
Officer finds that any provision of this chapter is being violated,
he shall give notice by hand delivery or by certified mail, return
receipt requested, of such violation to the owner and/or to the occupant
of such premises, demanding that the violation be abated within 30
days of the date of hand delivery or of the date of mailing of the
notice. If the violation is not abated within the thirty-day period,
the Code Enforcement Officer may institute actions and proceedings,
either legal or equitable, to enjoin, restrain or abate any violations
of this chapter and to collect the penalties for such violations.
