Purpose and findings. The benefits of good outdoor lighting are increased safety, energy efficiency, enhancement of the City's evening character and improved security. New technologies have created extremely powerful lights which can inadvertently lead to excessive glare, light trespass and higher energy use. Concerns resulting from excessive glare and light trespass include safety issues, loss of privacy and increased energy costs for everyone. The goal of this lighting section of the chapter is to recognize the benefits of outdoor lighting and provide clear guidelines for its installation. Appropriately regulated and properly installed outdoor lighting will maintain and complement the City's character and contribute to the safety and welfare of the residents of the City.
The intent of this article is to reduce the problems created by improperly designed and installed outdoor lighting by establishing regulations which limit the area that certain outdoor lighting luminaries can illuminate and by limiting the total allowable illumination of lots located in the City of Nashua.
A. 
Generally.
(1) 
All public and private outdoor lighting installed in the City of Nashua shall be in conformance with the requirements established by this article.
(2) 
This section does not apply to applications within the D-1 or D-3 Downtown Zoning Districts, except as provided in § 190-20B(7).
B. 
Waivers. A waiver from the requirements of this section may be filed with the Planning Board pursuant to § 190-148.
C. 
Exceptions.
(1) 
Any luminaire with a lamp or lamps rated at a total of 1800 lumens or less, and all flood or spot luminaries 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 street 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 lighting required for construction projects, related to road construction and repair, installation of sewer and water facilities, and other public infrastructure.
(4) 
All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this article.
(5) 
All hazard warning luminaires required by federal regulatory agencies are exempt from the requirements of this article, except that all luminaries 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.
(6) 
Subject to the restrictions of the sign provisions of this chapter,[1] luminaires used primarily for sign illumination may be mounted at any height to a maximum of 25 feet, regardless of lumen rating.
[1]
Editor's Note: See Art. X, Signs, of this chapter.
(7) 
Luminaires used for the lighting of areas used exclusively or primarily for outdoor recreation may be mounted at any height.
A. 
Light levels shall not exceed 0.2 footcandles at any property line. This subsection does not apply if any property line that separates two or more lots or parcels under common ownership or similar adjacent uses, including:
(1) 
Multiple and single lots held in common ownership and separate ownership that are subject to a common site plan approval; and
(2) 
Contiguous parcels, with or without an approved site plan (common to both or separate), that share common access or parking.
B. 
Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall not emit more than 3% direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire.
C. 
Any luminaire with a lamp or lamps rated at a total of more than 1800 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. The maximum height of the luminaire shall not exceed 25 feet.
D. 
Any temporary outdoor lighting that conforms to the requirements of this section of this section is permitted.
E. 
The applicant shall submit a lighting plan as required by § 190-275.
A. 
Nonconforming luminaires. All luminaires lawfully in place prior to the effective date of this section of the chapter may continue to be used. However, any luminaire that replaces a nonconforming luminaire or any nonconforming luminaire that is moved must meet the standards of this section of the chapter.
B. 
Nonconforming temporary outdoor lighting. Nonconforming temporary outdoor lighting may be permitted by conditional use permit from the Planning Board under the approval criteria listed in § 190-133 and after considering:
(1) 
The public and/or private benefits that will result from the temporary lighting;
(2) 
Any annoyance or safety problems that may result from the use of the temporary lighting; and
(3) 
The duration of the temporary nonconforming lighting.
C. 
The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Planning Board.