[HISTORY: Adopted by the Annual Town Meeting
of the Town of Nantucket 5-6-2023 ATM by Art. 76, approved 9-8-2023. [1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 139.
[1]
Editor's Note: This ordinance also repealed former Ch. 102,
Outdoor Lighting, adopted 4-14-2005, Art. 52, approved 10-18-2005, as amended.
The purpose of this chapter is to establish regulations for
outdoor lighting that:
A.
Minimize the unintended and/or adverse impact of the use of artificial
light at night (commonly known as light pollution) to the greatest
extent possible, in recognition of its negative effects on people
as well as wildlife.
B.
Protect residents from light trespass that negatively affects the
enjoyment of their own property and their property values.
C.
Control glare to increase the safety and security of residents and
visitors.
D.
Minimize skyglow to preserve the ability to see the stars and Milky
Way, thereby preserving humanity's connection with the night
sky, fostering awe and wonder in current and future generations of
children as well as adults, and preserving the ability of the Maria
Mitchell Association to conduct astronomical research.
E.
Provide adequate light for the safe performance of outdoor tasks
at night and to keep property free from harm.
F.
Promote efficient and cost-effective lighting to conserve energy.
G.
Preserve the historic and rural character of Nantucket.
A.
The provisions of this chapter shall apply to all outdoor lighting,
in all zoning districts, unless specifically exempted elsewhere in
this chapter. This includes all privately owned lighting as well as
all lighting owned, maintained, or controlled by the Town of Nantucket
or another governmental body (including the Nantucket Public Schools).
B.
In case of a conflict between any of the provisions in this chapter
or between any provision of this chapter and another provision of
the Nantucket Code, the most restrictive provision shall control.
C.
New installations. All exterior luminaires installed after the effective
date of this chapter shall conform with the requirements established
by this chapter and any other applicable bylaws, regardless of the
reason for the installation.
D.
Nonconforming existing luminaires.
(1)
All exterior lighting that was installed prior to the effective date
of this chapter that does not conform with the requirements of this
chapter may continue to be used and maintained for up to five years,
except if any of the following occurs:
(a)
The official appointed to oversee the enforcement of this chapter determines that one or more luminaires constitutes a hazard to public safety or a lighting nuisance under § 102-6A of this chapter, in which case the nonconforming luminaire(s) must be brought into compliance within 90 days of written notification being mailed or hand delivered.
(b)
More than 50% of the total assessed value or square footage
of a structure, as determined from the building permit application,
is repaired, altered, reconstructed, or renovated, in which case the
nonconforming luminaire(s) must be brought into compliance by the
time the final building inspection occurs.
(c)
A nonconforming luminaire owned by the Town of Nantucket is
retrofitted, in which case the fixture must be brought into compliance
at the time that work is done.
(2)
Request for extension. Private property owners may request an extension
from the Town Manager to use and maintain a nonconforming luminaire,
for up to a maximum of 10 years from the date a nonconforming fixture
was installed, provided that the luminaire was compliant with the
requirements that existed at the time of the installation and the
date of installation can be verified via documents or date-stamped
photographs; the nonconforming luminaire cost $100 or more when purchased;
and the nonconforming luminaire cannot be brought into compliance
by changing the bulb or lighting element or by installing shielding.
A lighting classification system created by the Illuminating
Engineering Society (IES) and the International Dark-Sky Association
(IDA) to describe the light pollution contributions from outdoor luminaires.
"B" relates to backlight, which often contributes to light trespass.
"U" relates to uplight, which contributes to skyglow and limits the
ability to see the stars. "G" relates to glare, which makes it difficult
to see.
A specification of the color appearance of the light emitted
by a lamp, measured in units called Kelvin (K). Correlated color temperature
(CCT) values are typically provided in lighting manufacturer data
sheets.
Temporary lighting required for public safety in the reasonable
determination of public safety officials.
Any land that contains threatened or endangered species habitats,
is used for agricultural purposes, or is subject to a conservation
restriction.
Any sign or display whose information content is made visible
at night by means of a luminaire mounted at some distance above, below,
or otherwise away from the surface containing the information or message
intended to be seen.
Any luminaire or lamp that incorporates a reflector or refractor
to concentrate the light output into a directed beam in a particular
direction.
A measurement of illuminance equivalent to one lumen per
square foot.
A luminaire that is constructed so that, in its properly
installed position, all the light emitted shines below the horizontal
plane at the point where the light is emitted. See Figure 1 (below).
Luminaires with adjustable aiming are not fully shielded unless they
are aimed and shielded so that no light is emitted above the horizontal
plane at the point where the light is emitted.
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Figure 1. Fully Shielded Luminaire
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Intense light emitted by a lamp or luminaire that reduces
visibility and creates visual discomfort and/or momentary visual impairment.
Temporary decorative lighting installed in connection with
a national, state, local or religious holiday.
The amount of light falling onto a given surface area, often
measured in units called footcandles.
The professional society of lighting engineers and other
lighting professionals that is recognized as an authoritative body
on the science and application of lighting and which publishes and
promotes recommended practices for a variety of specific lighting
applications.
A unit of measurement used for the correlated color temperature
of light. Often denoted with the symbol K.
The component of a luminaire that is the light source, not
inclusive of any reflective or refractive optics used to direct light.
This refers to bulbs that are easily removable and replaceable as
well as integrated systems like light emitting diodes (LEDs).
Any lighting used to illuminate trees, shrubs, or other plant
material, as well as water features and decorative objects, in a yard,
garden, park, or pool deck.
Any unintended and/or adverse impact of the use of artificial
light at night.
Any light emitted by a luminaire that shines beyond the property
on which the luminaire is installed and increases the illuminance
at the property boundary line.
A unit of measurement of the amount of light emitted by a
luminaire or lamp, typically displayed by the manufacturer as part
of the product specification. Distinct from watts, which measures
the amount of power consumed by a luminaire or lamp rather than the
amount of light emitted. When used in this chapter, "lumens" refers
to the number of lumens of light emitted by a luminaire when the lamp
is new, not accounting for any depreciation over time, known as initial
lumens.
A complete lighting unit, consisting of one or more lamps,
housing, lenses, reflectors, and other structural elements, but not
including any mounting pole or surface. This includes what is commonly
referred to as a light fixture as well as other types of lighting
units such as string lights and rope lights.
A measure of light emitted by or from a surface. Measured
in candelas per square meter (cd/m2).
Lighting that is intended to prevent accidents and/or deter
or detect intrusions or other criminal activity occurring on a property
or site. For the purposes of this chapter, this shall include lighting
for entrances, walkways, roadways, parking lots, equipment yards,
and building security, but shall not include landscape lighting, string
lighting, rope lighting, decorative and accent lighting.
A glow in the night sky deriving from an artificial source
(or sources) of light.
Lighting to illuminate outdoor fields and other surfaces
used for the practice and/or play of any outdoor sport or athletic
activity. This term refers only to lighting intended to facilitate
play on outdoor surfaces, or to illuminate spectator viewing stands,
but not for illumination of any other part of a connected or adjacent
property such as a parking area.
A type of luminaire designed to project a narrow, intense
beam of light on a small area.
A type of luminaire consisting of small white or differently
colored electric lights spaced evenly along a cable and used for decoration,
including but not limited to "bistro" lights, "fairy" lights, and
"festoon" lights.
Lighting placed or designed to shine the light above the
horizontal plane at the point where the light is emitted.
The amount of light falling on a vertical surface or plane.
When measuring vertical illuminance, the illuminance meter is held
vertically rather than horizontally.
All luminaires not specifically exempted in § 102-7 of this chapter shall comply with the following requirements:
A.
Shielding. All luminaires with a lumen output greater than 600 lumens
shall be fully shielded except as follows:
B.
Correlated color temperature. The correlated color temperature (CCT)
of the light emitted by luminaires shall not exceed 2,700 Kelvin,
except as follows:
(1)
If a 2,700 Kelvin (or lower) luminaire is not commercially available
for the application in question, a luminaire with a CCT of up to 3,000
Kelvin may be used unless otherwise provided by this chapter.
C.
Lumen limits.
(1)
Total lumens allowed per site. On no parcel or property shall the
total lumen output of all luminaires exceed 20,000 total lumens per
acre for residential properties or 40,000 total lumens per acre for
nonresidential properties, regardless of shielding.
(a)
Temporary holiday lighting and nonresidential sports lighting
may be excluded when determining total lumens.
(b)
For lighting within or mounted on external canopies at vehicle
fueling stations and drive-through bank tellers or automated teller
machines, an additional 10 lumens per square foot of canopy area shall
be allowed.
(2)
Total lumens allowed for unshielded luminaires. On no parcel or property
shall the total lumen output of the luminaires that are not fully
shielded (excluding temporary holiday lighting) exceed a value of
5,000 lumens multiplied by the number of acres, or a total of 2,000
lumens, whichever is greater. Any luminaire that is either not fully
shielded by design or is installed so that light shines above the
horizontal plane at the point where the light is emitted shall be
counted as an unshielded luminaire for the purpose of this limitation.
(3)
Maximum lumen allowed for a luminaire. The lumen output of any luminaire
on a residential property shall not exceed 1,500 lumens and the lumen
output of any luminaire on a nonresidential property shall not exceed
5,000 lumens.
D.
Hours of illumination.
(1)
All lighting, with the exceptions listed below, shall be turned off
by 11:00 p.m. or, in the case of nonresidential properties, within
one hour of the end of normal business or operating hours. Lighting
may not be turned on earlier than 6:00 a.m. or, in the case of nonresidential
properties, earlier than one hour prior to the start of business or
operations.
(2)
The following exceptions shall apply:
(a)
Safety and security lighting: On residential properties, safety and security lighting may be used throughout the night. On nonresidential properties, safety and security lighting may be used throughout the night only if any luminaire with a lumen output above 600 lumens is controlled by motion sensor or other automatic controls so that the light output is automatically turned off or dimmed by at least 50% when activity has not been detected for 15 minutes or more. This requirement does not apply to streetlights, which may be used throughout the night provided they comply with § 102-5G of this chapter.
(b)
Lighting of flags may be used throughout the night, provided it complies with the requirements of § 102-5D of this chapter.
(c)
Sports lighting on nonresidential properties shall be turned
off by 10:00 p.m. or within one hour of the end of active play, whichever
is later.
A.
String lights. String lights that are not fully shielded shall be
limited to products with a lumen level that does not exceed 50 lumens
per linear foot and no installation of such lighting shall exceed,
in the aggregate, 2,000 lumens for residential properties and 4,000
for nonresidential properties.
B.
Landscape lighting. Uplighting of landscape features shall be limited
to luminaires with a lumen output no greater than 250 lumens per luminaire
that are aimed and oriented so that the light output points directly
towards the landscape feature to be lighted.
C.
Holiday lighting.
(1)
Decorative lighting for holidays shall not be installed more than
six weeks prior to the holiday and shall be removed within two weeks
following it. Any lighting installed outside of that time frame shall
not be considered temporary holiday lighting and shall not qualify
for the exemptions for such lighting under this chapter.
(2)
Lighting for holidays shall be limited to low-intensity string lights,
whose lumen level does not exceed 50 lumens per linear foot; floodlights
and spotlights, whose lumen level shall not exceed 1,200 lumens per
luminaire; and projector lights.
(3)
Any floodlights, spotlights, or projector lights used for holiday
lighting shall be aimed and oriented in such a way as to not directly
emit any light into the night sky or onto adjacent properties or public
rights-of-way.
D.
Illumination of flags. If flags are illuminated at night rather than
lowered before sunset (as preferred), the lighting must comply with
the following requirements:
(1)
Flagpoles with a height greater than 20 feet above ground level shall
be illuminated only from above. This may be achieved by using a luminaire
attached to the top of the flagpole or a luminaire mounted above the
flagpole on a structure within 15 feet of the flagpole. The total
light output from any luminaire mounted on top of or above a flagpole
shall not exceed 800 lumens.
(2)
Flagpoles with a height equal to or less than 20 feet above ground
level may be illuminated from below. If ground-level illumination
is used, no more than two spotlight luminaires may be used per flagpole,
the lumen output shall not exceed 600 lumens per luminaire, and the
luminaire(s) shall be mounted so that the light output points directly
towards the flag(s).
(3)
Flagpoles shall only be illuminated when a flag is hoisted.
E.
Illumination of signs.
(1)
Externally illuminated signs shall be lit only from the top of the
sign, with fully shielded luminaires designed and installed to prevent
light from spilling beyond the physical edges of the sign.
(2)
Luminance levels during permitted hours of illumination shall not
exceed 100 candelas per square meter (cd/m2) as measured under conditions of full white display.
(3)
The illuminated surface area of an individual sign shall not exceed
200 square feet.
F.
Sports lighting (nonresidential). Lighting installed on nonresidential
properties for the practice or play of outdoor sports shall:
(1)
Comply with the lighting guidelines established by the Illuminating
Engineering Society for the applicable class of play (IES RP-6). This
shall be established by a certification letter from the International
Dark Sky Association issued under its program for community-friendly
sports lighting program, verifying that the design as well as the
installation meets the IES criteria.
(2)
Only illuminate the surface of play and adjacent viewing stands and
shall not be used for any other application, such as lighting a parking
area.
(3)
Have adjustable illuminance levels so that the illuminance level
can be lowered when there is no active play (e.g., for field maintenance).
(4)
Be extinguished by 10:00 p.m. or within one hour of the end of active
play, whichever is later.
(5)
Be equipped with mechanical or electronic timers to prevent lights
from being left on accidentally overnight.
(6)
Be designed and installed to limit the impact of the lighting on
other properties to the greatest extent possible.
G.
Streetlights. The following requirements apply to streetlights, regardless
of ownership.
(1)
Backlight, uplight and glare: The BUG rating of street light luminaires
shall not exceed B1-U0-G1.
(2)
Add-on shields: Add-on shields shall be added to luminaires whenever
requested by a resident to eliminate light trespass and commercially
available for the type of luminaire in question.
(3)
Adaptive controls: New or replacement streetlight luminaires shall
be provided with controls that, at a minimum, are capable of automatically
reducing the output of the luminaire at a programmed time by at least
50%.
(4)
Community input. If a municipal or utility company lighting project
is proposed that involves the retrofit or replacement of streetlights,
the Town of Nantucket shall undertake a pilot demonstration with multiple
options (including 2,200K and 2,400K luminaires) and solicit public
comment before making a final decision on what to purchase and install.
H.
Public lighting. The following requirements shall apply to luminaires
that are owned, leased, operated, maintained, or controlled by the
Town of Nantucket or another governmental entity or entities completely
or partly funded by grants obtained by the Town or its agents, including
but not limited to streetlights, luminaires to light municipal facilities,
parking lots, parks, and playing fields.
(1)
New installations of outdoor lighting shall only be installed upon
a determination by the Town Manager that a public safety hazard exists
in the area to be lit, and that the hazard can only be effectively
mitigated through the use of outdoor lighting and not through some
other passive means, such as reflectorized roadway paint or markers.
(2)
If a municipal lighting project is proposed that involves the addition
of more than 10 elevated luminaires with 2,000 or more lumens per
luminaire, the Town of Nantucket or its designee must seek public
comment prior to the purchase and installation to help mitigate unforeseen
negative impacts.
A.
Public safety hazard or nuisance. No outdoor lighting may create
a public safety hazard or public nuisance in the form of light trespass
or glare, regardless of when it was installed. Notwithstanding the
other provisions of this chapter, the modification, removal, or limited
operation of luminaires may be required if a public safety hazard
or public nuisance is found based on the following criteria.
(1)
Light trespass. Failure to comply with the illuminance level requirements
stated below will be deemed a public nuisance unless in the judgment
of the official charged with enforcing this chapter there are extenuating
circumstances related to safety and security that justify an exception.
(a)
The maximum vertical illuminance level at a property line that
is adjacent to a residential property, or an environmentally sensitive
area, shall not exceed 0.05 footcandle.
(b)
The maximum vertical illuminance level at a property line that
is adjacent to any other property shall not exceed 0.1 footcandle.
(c)
The measurement for compliance shall be made using a light meter
designed to measure illuminance levels, and vertical illuminance shall
be measured at the property line five feet above grade with the meter
aimed towards the subject property and perpendicular to the property
line.
(2)
Glare. The glare from exterior lighting will be deemed a public safety
hazard or public nuisance when, in the judgment of the officer charged
with enforcing this chapter, it could interfere with the safe movement
of motor vehicles on publicly traveled ways or when it interferes
with the usual and reasonable use and enjoyment of property. This
determination will be made through a site visit and visual inspection.
B.
Other prohibitions. The use of the following types of outdoor lighting is prohibited unless specifically exempted in § 102-7 of this chapter.
(1)
Highlighting or illumination of building facades and walls by use
of uplighting except for temporary holiday lighting.
(2)
Searchlights, sky beams, and similar lighting except as required
by public safety personnel during emergency conditions.
(3)
Any light, other than temporary holiday lighting, that dynamically
varies its output by intermittently fading, flashing, blinking, or
rotating.
(4)
Lighting on publicly owned property subject to a conservation restriction
under Massachusetts law.
The following types of lighting shall be exempt from the requirements
and prohibitions of this chapter:
A.
Lighting required by law to be installed on motor vehicles.
B.
Emergency lighting, for as long as emergency conditions identified
by public safety personnel continue to exist. This includes the activities
of law enforcement, fire, and other emergency services.
C.
Temporary lighting required to save life, limb, or property from
imminent peril, provided that the use of this lighting continues only
during the hours of the peril.
D.
Lighting employed during repairs of roads, utilities, and similar
infrastructure, provided that such lighting is deployed, positioned,
and aimed such that the resulting glare is not directed beyond the
work area.
E.
Any form of lighting whose use is mandated by any legal jurisdiction
with broader authority than that of the Town of Nantucket, provided
that the lighting does not exceed the minimum requirements of that
legal mandate.
F.
Lighthouse beacons owned by the United States Coast Guard.
G.
Temporary lighting for events sponsored by the Town of Nantucket.
H.
Temporary lighting approved by the Select Board in conjunction with
a special event permit, such as for concerts, fairs, and festivals,
provided that the impact of the lighting is required to be mitigated
to the greatest extent possible.
I.
Lighting produced by the combustion of fossil fuels (such as natural
gas and propane) so long as the light source is completely enclosed
in a suitable housing such as a lantern, firepit or fireplace.
J.
Underwater lighting of swimming pools or other water features.
The official charged with enforcing this chapter shall have
the authority to grant a partial or complete waiver of the requirements
of this chapter if a property owner demonstrates that bringing the
luminaire(s) for which the waiver is sought into full compliance with
this chapter would either (i) constitute a demonstrably unreasonable
hardship on the applicant, as balanced against the potential impacts
of noncompliance, or (ii) result in conditions that are materially
detrimental to health, safety, or welfare.
A.
Enforcement.
(1)
The enforcement of this chapter shall be overseen by a Lighting Enforcement
Officer appointed by the Town Manager.
(2)
The Lighting Enforcement Officer is authorized and empowered to institute
and maintain, in the name of the Town of Nantucket, any and all enforcement
proceedings seeking injunctive relief and any other appropriate remedy,
including fines and penalties.
(3)
The Town may enforce this bylaw or enjoin violations thereof through
any lawful process, and the election of one remedy shall not preclude
enforcement through any other lawful means.
(4)
The Lighting Enforcement Officer may, with the permission of the
owner or pursuant to an administrative search warrant, go onto private
property for the purpose of determining whether there has been a violation
of this chapter.
B.
C.
Fines.
(1)
Violation of this chapter shall be subject to a fine of $100 for
the first violation, $200 for the second violation, and $300 for the
third violation and any subsequent violation.
(2)
If a luminaire violates more than one provision of this chapter,
that will be treated as one violation for the purposes of assessing
fines. However, if multiple luminaires violate one or more provisions
of this chapter, a fine may be imposed for each nonconforming luminaire.
(3)
Before the imposition of a fine, the property owner shall be notified
of the violation(s) and given time to cure the violation(s) or demonstrate
that there is no violation.
D.
Process.
(1)
If, after investigation, the Lighting Enforcement Officer finds that
a provision of this chapter is being violated, notice shall be given,
as follows:
(a)
If abatement of the violation would require modification, replacement,
or removal of a luminaire, the notice shall be in writing and by hand
delivery or by certified mail, return receipt requested, to the property
owner and/or to the occupant of the premises, demanding that violation
be abated within 30 days of the date of hand delivery or of the date
of mailing of the notice. The Lighting Enforcement Officer may require
abatement in fewer than 30 days, depending on the nature of the violation,
but shall not allow more than 30 days.
(b)
If the abatement of the violation simply involves turning off
or redirecting a luminaire, notice may be given verbally to the occupant(s)
of the premises with an order to cease or abate the violation immediately.
(2)
If the violation is not abated within the time allowed, the Lighting
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.
(3)
If the Lighting Enforcement Officer concludes there is a violation,
based on a site visit and/or photographic evidence, the owner shall
have the burden of demonstrating that the luminaire complies with
the standards established by this chapter.
(a)
The manufacturer's specification sheet may be used to establish
the lumen level of a luminaire, correlated color temperature (CCT),
and, if required, to verify the use of a fully shielded fixture.
(b)
Illumination levels may be verified through the use of manufacturer's
photometric data sheet(s) and/or photometric site drawing or through
on-site calibrated light meter readings.
E.
Civil remedies. Nothing in this chapter shall be construed as limiting
the right of any person or entity to pursue legal action against any
other person or entity under any applicable law, including the doctrine
of nuisance.
The effective date of the adoption or amendment of this chapter
shall be January 1, 2024. If such adoption or amendment is subsequently
disapproved, in whole or in part, by the Attorney General, this chapter
as it would have read without the disapproved portion of the adoption
or amendment so voted, shall be deemed to have continued in effect
from the date stated above.
The provisions of this chapter are hereby declared to be severable
and, if any provision or the application of such provision to any
property, person or circumstance shall be determined to be invalid,
such invalidity shall not be construed to affect the validity of any
other provision hereof or the application of any provisions to any
other property, person, or circumstances. The invalidity of any section
or provision of this chapter shall not invalidate any other section
or provision thereof.
