(a)
The
purposes of this article are to:
(1)
Permit reasonable uses of outdoor lighting for nighttime safety,
utility, security, and enjoyment while preserving the ambiance of
the nighttime environment;
(2)
Curtail and reverse any degradation of the nighttime visual environment
and the night sky;
(3)
Minimize glare and obtrusive light by limiting outdoor lighting that
is misdirected, excessive, or unnecessary;
(4)
Reduce and abate nuisances, public and private, resulting from obtrusive
and annoying lighting;
(5)
Conserve energy and resources to the greatest extent possible; and
(6)
Help protect the natural environment from the damaging effects of
night lighting.
(b)
All
outdoor lighting shall be installed, operated and maintained in conformance
with this article and the provisions of this code, including but not
limited to the town’s adopted building and electrical codes
and sign regulations, as amended and as applicable, and under permit
and inspection where required.
(Ordinance 2010-0308-02 adopted 3/8/10)
For the purposes of this article, the following words shall
have the following meanings, except where the context clearly indicates
a different meaning.
Any 43,560 contiguous square feet or total of portions thereof
within the same parcel if dissected by existing roads or land dedicated
for roads.
The total sum of all lumens emitted from all luminaires and
outdoor lighting fixtures on a tract or lot of real property.
An assembly that holds a lamp or bulb in a lighting system.
It includes the elements designed to give light output control, such
as a reflector (mirror) or refractor (lens), the ballast, housing,
and the attachment parts.
A light fixture designed or manufactured such that all upward
transmission of light is cut off, blocked or shielded above a horizontal
plane through the lighting fixture’s lowest part.
High intensity discharge lighting, a family of bulb type
including mercury vapor, metal halide, high pressure or low pressure
sodium, which glow when an electric current is passed through a gas
mixture inside the bulb.
The measurement of the amount of light striking a vertical
or a horizontal plane.
A P-N junction solid state diode whose radiated output is
a function of its physical construction, material used and existing
current.
The shining of light produced by a luminaire above the height
of the luminaire and into the sky.
The bulb and lens, diffuser, or reflective enclosure.
Light projected onto a property from a fixture or artificial
light source not located on that property.
A listing or inventory of lamps indicating the bulb type,
bulb wattage, and manufacturer through which the rated lumens can
be determined.
Developed areas in parks, recreation areas, and wildlife
preserves; developed areas in natural settings; areas near astronomical
observatories; and sensitive environments as determined and so designated
by the town.
Rural areas; low density urban neighborhoods and districts;
and residential historic areas. All areas in the town are deemed within
lighting zone 2 unless designated otherwise.
Medium to high-density urban neighborhoods and districts;
shopping districts; and industrial parks and districts. All properties
within nonresidential zoning districts are designated as within lighting
zone 3.
Reserved for very limited applications such as major city
centers, urban districts with high security requirements, thematic
attractions, and entertainment districts.
A unit of luminous flux. One footcandle is one lumen per
square foot. For purposes of this article, the lumen-output values
are the initial lumen-output rating of the lamp
A complete lighting unit, consisting of a light source and
all necessary mechanical, electrical, and decorative parts.
Any type of fixed or movable lighting equipment that is designed
or used for illumination outdoors. The term includes billboard lighting,
streetlights, searchlights, and other lighting used for advertising
purposes and area lighting. The term does not include lighting equipment
that is required by law to be installed on motor vehicles or lighting
required for the safe operation of aircraft.
Any pole or wall-mounted lighting fixture intended to provide
illumination for areas other than covered walkways. These areas shall
include, but not be limited to parking lots, walking paths, sidewalks
within and along parking areas as well as any other outdoor area intended
for pedestrian use. All sight lighting shall be of the “LED”
type. Other lighting types proven to produce equivalent lighting output
and distribution may be approved for use by the town council.
(Ordinance 2010-0308-02 adopted 3/8/10; Ordinance 2015-0518-04, sec. 1, adopted 5/18/15)
All luminaires and outdoor lighting fixtures on nonresidential
properties (except fixtures considered and approved by the architectural
review committee, such as ornamental entrance accent lights) shall
be full cutoff fixtures. All luminaires and outdoor lighting fixtures
emitting 1,800 or more lumens shall be full cutoff. Luminaires and
outdoor lighting fixtures that emit less than 1,800 lumens shall be
equipped with bulbs constructed of frosted glass or installed behind
a translucent cover, except floodlights which must be aimed no higher
than 30 degrees below horizontal, or shielded with visors, louvers,
or other devices such that the light emitted from the floodlight is
transmitted no higher than 30 degrees below horizontal.
(Ordinance 2010-0308-02 adopted 3/8/10)
(a)
Maximum allowable lumens.
The maximum allowable aggregate light level is the lumens set forth in subsection (b) of this section with full-cutoff (fco) lighting. For tracts that are less than one net acre in size, the allowable fco lumens is that proportion of the maximum allowable lumens equal to the proportion that the lot size bears to one acre. In calculating the aggregate light level on a parcel of land, only one-half (1/2) of the lumens emitted by any luminaire or outdoor lighting fixture mounted on the underside of a roof shall be included. Only one-fourth (1/4th) of the lumens emitted from luminaires and outdoor lighting fixtures that are mounted at least 15 feet from the edge of the roof shall be included. Notwithstanding the foregoing requirements, each lot or parcel of land shall have a minimum allowance of 5,500 lumens, regardless of lot size.
(b)
Lumens allowance in each zone.
The following table represents
the maximum allowable aggregate light level in each lighting zone:
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Lighting zone 1:
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20,000 per acre.
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Lighting zone 2:
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40,000 per acre.
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Lighting zone 3:
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80,000 per acre; provided, however, that properties with a 200-foot
buffer between commercial and residential zoning districts may emit
not more than 60,000 per acre.
|
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Lighting zone 4:
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As determined by the town’s governing body following approval
of a lighting plan and application and permit.
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(c)
Minimum lighting levels.
In addition to the maximum
lighting levels, all pedestrian areas of an individual site must be
lit to a minimum of 0.5 footcandles at the floor or ground surface.
Pedestrian areas shall include all areas of parking lots used for
parking of passenger vehicles.
(d)
Waivers.
The governing body of the town may grant a
waiver of the maximum allowable aggregate light level. The town council
may also grant waivers from the requirements of this article to avoid
an unnecessary hardship, where the spirit and intent of this article
is met. Decisions made by the town’s governing body shall be
final and binding.
(Ordinance 2010-0308-02 adopted 3/8/10; Ordinance 2015-0518-04, sec. 2, adopted 5/18/15)
(a)
The
illumination at five feet inside adjacent residential property or
public right-of-way from light emitted from an artificial light source
shall not exceed one horizontal footcandle and one vertical footcandle.
The illumination at 10 feet inside adjacent commercial or industrial
property shall not exceed 0.1 horizontal footcandles and 0.1 vertical
footcandles. No direct line of sight to an unshielded bulb is permitted
5 feet or more beyond a residential or public right-of-way property
line by an observer viewing from a position that is level with or
higher than the ground below the fixture. Compliance may be achieved
with fixture shielding, directional control designed into the fixture,
fixture location, fixture height, fixture aim, or a combination of
these factors.
(b)
No
luminaire or outdoor lighting fixture may cause or contribute to light
pollution.
(Ordinance 2010-0308-02 adopted 3/8/10)
(a)
Search lights.
The use of search lights, strobes and
pulsating lights are prohibited, except for public safety purposes
by civil authorities.
(b)
Telecommunications towers.
The nighttime use of white
lighting or white strobe lighting is prohibited for use on communications
towers.
(c)
Temporary, seasonal, festival lighting.
The temporary
use of low wattage or low voltage lighting for public festivals, entertainment
events, celebrations, and the observance of holidays are excepted
from the provisions of this article except: (1) where the installation,
use or maintenance create a hazard or nuisance from glare; or (2)
where the lighting constitutes a light trespass in accordance this
article. A lighting permit is required for commercial activities,
such as carnivals, and is valid for up to 7 consecutive days. Where
possible, lighting should be full cutoff.
(d)
All-night lighting.
Lighting at places of business or
public venues shall be turned off no later than one hour after closing,
except where necessary for security purposes. Security lighting shall
be limited to that needed for basic security, illuminating entryways
by lighting fixtures closest to building entrances, and minimal lighting
in parking areas.
(e)
Sports lighting.
Lighting for sporting events is excepted
from the lumens per net acre limitations as to the playing field only.
Full-cutoff fixture design is required and light trespass requirements
apply. No outside sporting or entertainment event may start later
than 10:00 p.m. or extend beyond 11:00 p.m.
(f)
Signs.
All illuminated signs must be lighted internally
or lighted by top-mounted lights pointed downward. No sign may be
illuminated with fixtures not shielded from upward transmission of
light. Illuminated off-premises signs must be turned off after 10:30
p.m., and on-site signs turned off upon closing if after 10:30 p.m.
Moving, flashing, animated, intermittently lighted, changing color,
revolving or similarly constructed signs, beacons, jump clocks or
digital display devices showing messages, pricing information, and
similar data are prohibited, with the exception of scoreboards and
time and temperature displays.
(g)
HID lighting.
An inventory of existing lights is required
prior to the repair, installation, or alteration of any HID lighting.
(h)
Unshielded
light sources, including bare bulbs, in excess of 15 watts are prohibited.
(i)
It
shall be a defense to this article if the lighting is:
(1)
Airport and airplane lighting for navigational purposes.
(2)
Hazard warning lights required by federal or state agencies.
(3)
Temporary emergency lighting.
(4)
Lighting in swimming pools and other water features governed by article
680 of the National Electrical Code (2006 edition), as amended.
(5)
Exit signs and other illumination required by building and fire codes.
(6)
Lighting for stairs and ramps, as required by building and fire codes.
(7)
Low voltage landscape lighting, if such lighting is shielded so as
to eliminate glare and light trespass.
(8)
Lighting used to illuminate an American flag.
(9)
Decorative seasonal lighting on display for no more than thirty (30)
consecutive days.
(10)
Street lighting on public streets and highways.
(11)
Headlights, taillights and turn signal lights on motor vehicles while
being operated on streets and highways.
(Ordinance 2010-0308-02 adopted 3/8/10)
(a)
Before
a permit may be issued for the erection, construction, enlargement,
alteration, repair, moving, or occupancy of a nonresidential structure,
a lighting plan shall be submitted for review and approval by the
town council. The plan shall include the location and description
of all outdoor lighting fixtures on the site. The lighting plan shall
include, but not be limited to: a lighting inventory, pole heights,
fixture types, shielding, lighting controls, and proposed hours of
operation. A certificate of occupancy shall not be issued until the
lighting plan is approved. Approval does not in any way relieve the
owner or manager from compliance with other elements of this article.
Any changes in the plan before, during, or after construction of the
facility shall require submission and approval of an amended plan.
(b)
The
denial of a lighting plan may be appealed to the town council, and
the town council’s decision shall be final and binding.
(Ordinance 2015-1116-01 [A], sec.
2, adopted 11/16/15)
(a)
Luminaires
and outdoor lighting fixtures existing and installed on or before
the effective date of this article are excepted from the application
of this article, except luminaires and outdoor lighting fixtures that:
(b)
Upon
repair, replacement or relocation of any component of any luminaire
or outdoor lighting fixture that existed or was installed prior to
the effective date of this article but does not conform to this article,
the luminaire or outdoor lighting fixture shall be rendered full cutoff.
(Ordinance 2010-0308-02 adopted 3/8/10)
Measurement of light and light sources may be performed with
a color and cosine corrected light meter, with a basic accuracy of
plus or minus 5% or better, at approximately five (5) feet above the
average grade of the ground with the sensor facing the lighting in
question.
(Ordinance 2010-0308-02 adopted 3/8/10)
(a)
No
person shall cause, allow or permit a violation of this article.
(b)
Any
owner, manager, agent, occupant, person or persons in charge of a
premises on which luminaires and outdoor lighting fixtures are located,
operated or maintained shall be responsible for compliance with this
article.
(c)
Any
person, firm, corporation or association violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and, upon
conviction, shall be punished by a fine not to exceed the sum of two
thousand dollars ($2,000.00) and each and every day that a violation
continues or is allowed to continue shall constitute a separate offense.
The town may also pursue violations of the terms of any of this article
by seeking injunctive relief in a court of proper jurisdiction. The
remedies provided for herein shall be cumulative of any and all other
remedies provided for by state law.
(Ordinance 2010-0308-02 adopted 3/8/10)
