HomeMy WebLinkAboutAgenda - 08-24-2009 - C1ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 24, 2009
Action Agenda
Item No. C.1
SUBJECT: Zoning Ordinance Text Amendment Relating to Outdoor Lighting
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Proposed Ordinance Amendment
embedded staff comments
2. Ordinance Amendment
INFORMATION CONTACT:
with Name
Michael D. Harvey, Planner
Craig Benedict, Director
Phone Number
245 -2607
245 -2592
PURPOSE: To hold a public hearing on a Zoning Ordinance Text Amendment to modify
existing regulations relating to the review, approval, and use of outdoor lighting fixtures.
BACKGROUND: Section 6.31 Outdoor Lighting Standards of the Orange County Zoning
Ordinance (hereafter 'the Ordinance') contains various provisions relating to the application and
use of outdoor lighting fixtures throughout the County. Recently, concern has been expressed
over the lack of specificity within the Ordinance, specifically:
1. The lack of clarity on how lighting plans are submitted and reviewed by staff,
2. The 'one size fits all' mentality of the existing regulations that treats projects within
urbanizing and rural portions of the County the same, and
3. A lack of specificity on the types of lighting fixtures that ought to be allowed for use by
outdoor sport fields and /or performance areas.
To respond to these concerns, the BOCC asked for staff to develop an amendment. Staff had
originally intended to complete a comprehensive retooling of existing outdoor lighting regulations
during the development of the Unified Development Ordinance (UDO), scheduled to commence
sometime this fall. Upon further review of the situation, staff determined that it would be appropriate
to engage in a modest revision of existing regulations to address immediate concerns while
continuing to plan for a more comprehensive re- assessment in the future.
PROPOSAL: Staff is proposing to amend Section 6.31 as follows:
1. Staff is proposing to develop an overall lighting limit on the development and use of
outdoor lighting fixtures for non - residential land uses. This limit varies depending on the
location of the proposed development within an urbanizing area (i.e. Transition Area)
versus a rural area of the County,
2. Staff is proposing several amendments providing greater explanation on the level of
detail required as part of the submittal and review of an outdoor lighting plan.
Current regulations only make reference to the production of a lighting plan, which has
lead to multiple interpretations as to what is exactly required for submittal. Staff is
proposing to formalize the submittal requirements to ensure that we obtain all necessary
information to review and take action on a submitted lighting plan.
3. Staff is proposing to modify existing regulations governing the use of outdoor sports
field /performance area lighting. Several residents have suggested that such lighting
fixtures be banned within the rural areas of the County. This suggestion is not practical
given the possible need to allow for such lighting at park and recreation facilities
throughout the rural areas of the County and due to the presence of existing recreational
facilities with such lighting already installed.
Instead, staff is proposing to modify existing operational standards (i.e. hours of
operation) as well as establish height limits in an effort to better regulate the potential
impacts of such fixtures.
Further work will be necessary to address the ancillary impacts of outdoor sports field
lighting. This work will become a component of the proposed UDO revision.
What staff has provided you is as follows:
a. Attachment One (1) contains the proposed amendments with embedded staff comments
detailing our rationale for various changes as well as discussion points seeking additional
guidance on several key issues. It should be noted that we have also included a link to
the International Dark Sky Association so that you can review background information on
the development and enforcement of outdoor lighting standards.
b. Attachment Two (2) is the formal ordinance amendment package with no embedded staff
comments or discussion.
Notification Procedural Requirements: As detailed within Article Twenty (20) Amendments
Section 20.6 of the Ordinance staff is required to cause a:
Notice of the public hearing shall be given by publishing said notice at least twice in
a newspaper of general circulation in the County, stating the time and place of such
hearing and the substance of the proposed amendment. This notice shall appear in
said newspaper for two successive weeks within the first notice appearing not less
than ten (10) days nor more than twenty -rive (25) days before the date set for the
public hearing.
Staff has caused an advertisement to appear within the News of Orange and Chapel Hill Herald
on August 12, 2009 and August 19, 2009 in accordance with this requirement.
Staff believes that this amendment is consistent with the goals and objectives of the Orange
County Comprehensive Plan in that we are attempting to identify and formalize a lighting
standard designed to establish a link between the sustainability of outdoor lighting on a given
parcel of property while working to eliminate ancillary impacts on neighboring properties.
3
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined the approval of the request will not create the need for additional funding for
the provision of County services.
RECOMMENDATION: The Zoning Officer recommends the Board:
1. Receive the staff initiated zoning text amendment proposal including staff's report and
presentation materials,
2. Conduct the Public Hearing and accept comments from all interested parties,
3. Refer the matter to the Planning Board for a recommendation to be returned in time for
the December 7, 2009 BOCC meeting,
4. Adjourn the Public Hearing until December 7, 2009 in order to receive the Planning
Board's recommendation.
ATTACHMENT ONE (1) 5
Ordinance Amendment with staff comments
6.31
Outdoor Lighting Standards
6.31.1
Purpose and Intent:
A. Outdoor lighting is provided for a variety of purposes to the benefit
of modern society. For work or recreation, it enables people to see
essential detail in order that they may undertake their activities at
night. It facilitates the safety or security of persons or property, for
example through lighting on roads and pathways. It may be used
to emphasize features of architectural or historical significance,
and to light parks and gardens. It is used for advertising or display
to promote products or services, or to call attention to commercial
premises by means of area lighting or signs.
B. It is the intent of this ordinance to preserve, protect, and enhance
the lawful nighttime use and enjoyment of any and all property
through the use of appropriate lighting practices and systems.
Such individual fixtures and lighting systems are designed,
constructed, and installed to maintain safety, security and
productivity, reduce glare, and curtail the degradation of the
nighttime visual environment in addition to promoting conservation
of energy. It is the intent of these regulations that lighting
unnecessary for safety or security be discouraged.
6.31.2
Definitions:
AASHTO: American Association of State Highway and
Transportation Officials
Cutoff Fixture: An outdoor lighting fixture shielded or
constructed in such a manner that no more than
two and one half (2 '/) percent of the total light
emitted by the fixture is projected above the
horizontal plane of the fixture.
Direct Light:: Light emitted directly from the lamp, off of the
reflector diffuser, or through the refractor or
diffuser lens, of a luminaire.
ATTACHMENT ONE (1) 6
Ordinance Amendment with staff comments
Fixture: 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.
Flood Lamp: A form of lighting designed to direct its output in
a specific direction with a reflector formed from
the glass envelope of the lamp itself. Such
lamps are so designated by the manufacturers
and are typically used in residential outdoor area
lighting.
Floodlight: A form of lighting designated to direct its output
in a diffuse, more or less specific direction, with
reflecting or refracting elements located external
to the lamp.
Footcandle (fc): The amount of light falling onto a surface.
Full Cutoff Fixture: An outdoor lighting fixture shielded or
constructed in such a manner that it emits no
light above the horizontal plane of the fixture.
Glare: Light emitting from a luminaire with an intensity
great enough to reduce a viewer's ability to see
or to cause annoyance, and, in extreme cases,
causing momentary blindness.
Holiday Decoration: Holiday displays, decorations and greetings,
which relate to any federally designated holiday,
legal holiday or religious holiday.
Lamp: The source of electric light: the bulb. To be
distinguished from fixture and luminaire.
Lumen: A unit of luminous flux. One foot - candle is one
lumen per square foot. For the purposes of this
ATTACHMENT ONE (1) 7
Ordinance Amendment with staff comments
ordinance, the lumen- output values shall be the
INITIAL lumen output ratings of a lamp.
Luminaire: A complete lighting system that includes a lamp
or lamps and a fixture.
Semi -Cutoff Fixture: An outdoor fixture shielded or constructed in
such a manner that it emits no more than five (5)
percent of its light above the horizontal plane of
the fixture, and no more than twenty (20) percent
of its light ten (10) degrees below the horizontal
plane of the fixture.
Upward: Projection of light above the horizontal plane.
6.31.3
Applicability:
A. All outdoor lighting installed on public or private property
shall comply with the outdoor lighting standards as
contained in Section 6.31, unless exempted in Section
6.31.4.
B. In the event of a conflict between the outdoor lighting
standards as contained in Section 6.31 and any other
section of this ordinance, the more stringent requirement
shall apply.
6.31.4
Exemptions:
The following are exempt from the provisions of the outdoor lighting
standards as contained in Section 6.31:
A. All outdoor lighting lawfully installed prior to the effective
date of the outdoor lighting standards contained in Section
6.31, except the replacement of mercury vapor luminaires.
Mercury vapor luminaires, except for single - family
residences, must be replaced in conformity with the
Outdoor Lighting Standards upon the earlier occurrence of
the replacement of the fixture or the lamp.
B. Any outdoor lighting, including mercury vapor, used for an
ATTACHMENT ONE (1) 8
Ordinance Amendment with staff comments
individual single - family residence, where the residence is
constructed as of the effective date of the outdoor lighting
standards contained in Section 6.31.
C. Bona fide agricultural uses.
D. Traffic control signals and devices.
E. Temporary emergency lighting (i.e. fire, police, repair
workers, highway maintenance and construction, etc.).
F. Moving vehicle lights.
G. Navigation lights (i.e. airports, heliports, radio /television
towers, communication towers, etc.).
H. Holiday decorations using typical unshielded low- wattage
incandescent lights, which are in place no longer than 60
days.
I. Security lights of any wattage that are controlled by a
motion - sensor switch, which do not remain on longer than
12 minutes after activation, and do not exceed 150 watts
(2200 lumens).
J. Roadway lighting, installed as of the effective date of the
outdoor lighting standards, as contained in Section 6.31,
within State maintained rights -of -way provided that the
standards of Sections 6.31.5.E and Section 6.31.6.1 are
met, except for mercury vapor luminaires. Mercury vapor
luminaires used for roadway lighting must be replaced in
conformity with the outdoor lighting standards contained in
Section 6.31 upon the earlier occurrence of the
replacement of the fixture or the lamp.
6.31.5
Submittal Requirements:
A lighting plan shall be submitted with site plan or preliminary plan
approval documents. The overall scope and purpose of the lighting plan
is to allow staff to work with the property owner to prevent excessive and
unnecessary lighting on the property prior to installation of the proposed
fixtures and to avoid costly compliance remedies later upon completion of
the project. The plan shall contain the following information:
ATTACHMENT ONE (1) 9
Ordinance Amendment with staff comments
STAFF COMMENT: The reason for the modification is to properly identify
our intent with these regulations. Specifically the County is interested in
assisting individuals installing outdoor lighting avoid installing
unnecessary lighting thereby avoiding conflict with adjacent property
owners.
A. Lighting plans shall be completed sealed by Eli
professional engineer and shall contain all reguir
information as detailed herein as well as outlined with
Article Fourteen (14) of this Ordinance, I
STAFF COMMENT: Staff has had issued with property owners
submitting only engineering data sheets providing the basic information
on proposed lighting fixtures. Staff has decided that we need to be more
detailed with what our expectations are to avoid unnecessary conflict and
delay with the review of lighting plans. Also, when we require the
involvement of a professional engineer with experience in such matters,
problems tend to be avoided and less time is wasted in attempting to
educate members of the general public on what the overall intent and
purpose of the various standards are.
13. Plans, drawn to scale at a maximum of one (1) inch
equaling forty (40) feet, showing the exact proposed
location, type, and height of outdoor luminaires including
both building, pole and ground fixtures;
PI. C. A description of the luminaires, including lamps, poles or
other supports and shielding devices, which may be
provided as catalogue illustrations and product
specifications from the manufacturer. As part of this
requirement, all lighting y 121ans shall contain inset drawings
of all proposed lighting fixtures including and all
directional controls (i.e. shields, reflectors, refractors, etc.)
that will aim and limit the angle of illumination. The lighting
detail shall also show the vertical angle of illumination for all
proposed fixtures that will be used to determine the
required shielding angle.;
C. A lighting plan shall delineate the horizontal position of all
lighting inch fixtures proposed for a parcel of property.
STAFF COMMENT: Under subsections 8, C, and D staff is requiring
basic design elements in order to be able to evaluate the appropriateness
of the plan. Without this information, it is extremely difficult for staff to
properly evaluate the project.
ATTACHMENT ONE (1) 10
Ordinance Amendment with staff comments
G-. E. Photometric data, such as that furnished by the
manufacturer, showing the angle of light emission and
lumen output. An example of a photometric plan is as
follows:
C1
Proposed light
1 nrati nn
(60.0)
21.7 24.1 18.8 2�
20.9 25.1 22.6 25.1 19.5
20.7 1 q.? 1 q.q gn .-� 1 R 7 91
In this example, the proposed light pole generates the
specific lumen levels on the property. Staff will be
responsible for utilizing this data to verify the compliance of
the fixture within the provisions of the Ordinance.
STAFF COMMENT: Staff believes that providing graphic examples of
what we are asking is essential for avoid unnecessary conflict or delay.
With subsections E and F we have provided a copy of the basic plan /data
we are requiring to have a complete light plan application submitted for
our review. By providing these examples, staff hopes that a property
owner will understand what he /she is being asked to submit and will
therefore be able to recognize what his/her engineer is being asked to
provide in order for the application to be complete.
ATTACHMENT ONE (1) 11
Ordinance Amendment with staff comments
F. Foot - candle data shall also be required for all proposed lights An
example of the data necessa to comply with this requirement is
as follows:
a r
f�
In this example, the proposed light pole generates the
specific foot- candle data on the property. Staff will be
responsible for utilizing this data to verify the compliance of
the fixture within the provisions of the Ordinance.
9-.G. Additional information as may be required by the Planning
Department in order to determine compliance with Section
6.31.
&H. Roadway lighting installed on state maintained roads must
meet ASSHTO requirements for light levels and uniformity.
Roadway lighting submittal requirements can be obtained in
the NCDOT publication titled "Policies and Procedures for
Accommodating Utilities on Highway Rights -of- Way ".
6.31.6 1 General Standards For All Areas:
1 The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies
and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at
speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on
Geometric Design on Highways and Streets, 2001 ". Therefore, the mountable curb and gutter section of the
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply.
ATTACHMENT ONE (1) 12
Ordinance Amendment with staff comments
A. Within areas of the County designated as 'urbanizing', as
delineated on the Growth Management__ Systems Map, or
within Rural Community Activity Nodes, as. delineated on
the Orange County Land...Use Element Map, the following
lighting standards shall be observed:
1 There shall be a cap on the total lumens allowed on a
parcel of..r)ropertv totalina on average ten (10) lumens
per one (1) sQuare foot of property with a maximum
cap of 50,000 initial lumens per acre of p;ropertv or
fraction thereof sumortina a non-residential land use.
This cap shall not apply to outdoor sportsfield/outdoor
perforrnanct
�l -. shalt be req
:ec[ as
detailed herein.
2. The rnaxi!2YLurn_ lligLWL - ievei -.RgLr�.qLgn,(-_ common
property 5nes shall be 05 foot-candles at ariv
a LrjiLia residential _pro�rh, lirle arid/or 1.0 foot-
candle at any adjoining non-residential property line.
B. Within areas of the Count-v desiqnated as rural% as
delineated on the Growth Manaqement Systems Map, or
within Rural Neighborhood or Rural Industrial Nodes, a
delineated on the Orange County Land Use Element Map-
the following lighting standards shall be obsented:
1 . There shall be a cap on the total lumens allowed on
parcel of property totaling on average ten (10) lumen
per one (1) square foot of property with a maximu
cap
• 25,000 initial lurnens per acre of propeLty,
fraction thereof, supporting a non-residential land use
This cap shall not apply to outdoor sports field/outdo
performance area lighting, which shall be regulated
detailed herein.
2. The maximum light level permitted along comm
property lines shall be .025 foot-candies at a
adioining residentially zoned property line and/or
foot-candle at any adjoining property line with a no
residential land use.
2 The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier
curb at speeds greater than 25 mph. It is considered a mountable curb as defined In AASHTO "A Policy on
Geometric Design on Highways and Streets, 2001". Therefore, the mountable curb and gutter section of the
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply.
ATTACHMENT ONE (1) 13
Ordinance Amendment with staff comments
STAFF COMMENT. What staff is attempting to do is establish a
benchmark on what is an acceptable level of lighting. As we already do
with impervious surface area and open space, staff is attempting to define
what is a sustainable level of outdoor lighting for various properties
throughout the County.
In developing these thresholds staff relied on the following:
Staff analyzed several lighting plans, both approved and
currently under review, in different areas of the County to
ascertain the existing, approved, lighting levels for non-
residential development.
Staff also examined lighting levels at existing non-
residential developments throughout the County including:
Churton Grove, two (2) existing gas stations located within
the White Cross Rural Community Activity Node, the
Petro truck stop, Gravely Hill Middle School, the Solid
Waste Administrative office, and Can boro Plaza.
2. Staff reviewed documentation by the Intemational Dark
Sky Association (Mont. darksky.org outlining the various
initial lumens produced by various outdoor lighting
fixtures.
3. Staff determined that there is a base level of acceptable
lighting after reviewing the prevailing literature on the
topic, which is approximately ten (10) initial lumens per
square feet of property, and developed the lumen limit,
basing the total allowable level of lighting for a given site
on its acreage. What staff is attempting to do is establish
the minimum lighting threshold for all non - residential
development and, ultimately, require that more lighting will
only be allowed if there is sufficient land area to offset its
development.
Staff has also modified the acceptable foot - candle generation for non-
residential developments in urbanizing versus rural areas of the County.
We currently have a `one size tits all' construct that does not differentiate
between the needs of urban and rural residents. While more attention
needs to be paid to this issue, this is a initial attempt to address this
problem consistent with the approved legal ad.
9-.C. All floodlights shall be installed such that the fixture shall be
ATTACHMENT ONE (1) 14
Ordinance Amendment with staff comments
aimed down at least forty -five (45) degrees from vertical, or
the front of the fixture is shielded such that no portion of the
light bulb extends below the bottom edge of an external
shield.
G-. D. Any facilities that require floodlighting may not arrange the
light in such a way that it will shine towards roadways, onto
adjacent residential property or into the night sky.
E. All flood lamps emitting 1,000 or more lumens shall be
aimed at least sixty (60) degrees down from the horizontal,
or shielded such that the main beam from the light source is
not visible from adjacent properties or the public street
right -of -way.
E—. F. All wall pack fixtures shall be full cutoff fixtures.
F--. C. All lights shall be shielded in such a way as to direct light
towards the Earth's surface and away from reflective
surfaces, except as expressly exempted from the provisions
of these regulations.
G-. H. Any temporary outdoor lighting that conforms to the
requirements of this Section shall be allowed.
Nonconforming temporary outdoor lighting may be
permitted by the Planning Director 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.
Ill. If any subdivision proposes to have installed street or other
common or public area outdoor lighting, the final plat shall
contain a statement certifying that the applicable provisions
of the outdoor lighting standards as contained in Section
6.31 will be adhered to. The required Lighting Plan and
associated documents shall be submitted and approved by
the Planning Department prior to installation of any
regulated lighting.
4-.J. If any street will be taken over by NCDOT for maintenance,
roadway lighting must meet AASHTO requirements, and
must be installed and maintained according to the NCDOT
publication titled "Policies and Procedures for
2
Accommodating Utilities on Highway Rights -of- way ".
ATTACHMENT ONE (1) 15
Ordinance Amendment with staff comments
J-, K. Upward flagpole lighting is permitted for national and state
flags provided that the maximum lumen output is 1300
lumens per flagpole.
K-. L. Any interior-lighted signs may not be lit at night when the
face of the sign is removed or damaged in such a way that
the light may distract drivers or adjacent property owners.
M. All outdoor lighting, with the exception of wall mounted
security lighting, shall be extinguished within thirty (30)
minutes from the close of business, as determined by
posted hours of operation for said land use for non-
residential land uses unless otherwise detailed herein.
This shall not include security/motion sensor lighting
designed to turn on when sensors detect movement and
automatically turn off after fifteen (1 5) minutes.
STAFF COMMENT. Staff believes that it is necessary to have a
regulation requiting the extinguishing of outdoor lighting upon the
cessation of non-residential activity to avoid unnecessary conflicts with
adjacent property owners.
6.31.7
Lighting in Parking Lots and Outdoor Areas:
A. Other than floodlights and flood lamps, all outdoor area and
parking lot lighting fixtures shall be full cutoff fixtures.
B. The mounting height of all outdoor lighting, except outdoor
sports field lighting and outdoor performance area lighting,
shall not exceed thirty-six (36) feet above finished grade.
C. Any light fixture must be placed in such a manner that no
lamp surface is visible from any residential area or
public/private roadway.
6.31.8
Lighting for Vehicular Canopies
Areas under a vehicular canopy shall have a maximum point of horizontal
illuminance of twenty-four (24) maintained foot-candies (fc). Areas
outside the vehicular canopy shall be regulated by Section 6.31.6.
Acceptable methods include one or more of the following:
A. Recessed fixture incorporating a lens cover that is either
ATTACHMENT ONE (1) 16
Ordinance Amendment with staff comments
recessed or flush with the bottom surface (ceiling) of the
vehicular canopy.
B. Light fixture incorporating shields, or shielded by the edge
of the vehicular canopy itself so that light is restrained to
five degrees or more below the horizontal plane.
C. Surface mounted fixture incorporating a flat glass that
provides a semi-cutoff fixture or shielded light distribution.
D. Indirect lighting where light is beamed upward and then
reflected down from the underside of the vehicular canopy.
Such fixtures shall be shielded such that direct illumination
if focused exclusively on the underside of the vehicular
canopy.
6.31.9 1 Outdoor Sports Field/Outdoor Performance Area:
I
to witness the activit
The goal of these regulations is to allow for reasonable development ana']
use of such lighting fixtures while attempting to mitigate potential ancilla
impacts on adjacent property owners. i
A. Outdoor Sports Field/Outdoor Performance Area lighting
'MI be allowed for those principal and accessory
uses, deemed • the Planning Department, as needing
such fixtures to oroverly function as intended during
evening hours.
B. Within the urbanizing areas of the County, as defined
herein, -there shall be a limit on the allowable height of such
fixtures to eighly (80) feet. In rural areas of the County,
there shall be a limit on the allowable height of such fixtures
to sixty (60) feet.
A-.Q. All outdoor sports field and outdoor performance area
lighting fixtures shall be full cutoff fixtures and shall be
equipped with a glare control package (louvers, shields, or
similar devices). If the manufacturer does not have a glare
control package, the fixture specification must bg_Lhanged
ATTACHMENT ONE (1) 17
Ordinance Amendment with staff comments
directed MIMEMMMA
Q. All fixtures must be aimed so that their beams are
primary and fall within the performance
.E. Within urbanizing areas of the QggDty the hours of
operation for the lighting system for any game or event shall
be no later than 11:00 p.m., except to conclude a scheduled
event that was in progress before 11:00 p.m. and
circumstances prevented concluding before 11:00 p.m.
sports within Section 6.31.6 (a) (2) of this Or(finance
F. Within rural areas of the County, all outdoor
field/outdoor performance area lighting shall be
extinguished by
event that was in progress before 10:00 P. m. A
circumstances prevented concluding before 00
lines shall be consistent with the y.
within Section 11 Ordinance
STAFF COMMENT: Staff was not able to develop an appropriate `cap' on
lighting levels for sports field lighting given the diversity in available
fixtures and their different lighting levels. What staff has done is
strengthen existing regulations governing the use of such fixtures by
establishing more reasonable limits on their use, especially in rural areas,
and requiring that all sports field fixtures have glare control packages.
Before our Ordinance did not mandate full cutoff fixtures with glare control
packages. Our proposed revision indicates that if a manufacturer does
not have such a package then an alternative must be selected for the plan
to be reviewed by staff.
More work on this section will be necessary. Unfortunately the level of
revision required will not be possible until work on the Unif<ed
Development Ordinance (UDO) begins this fall.
Staff will also be asking for additional guidance from the BOCC and the
Planning Board on this subject.
ATTACHMENT ONE (1) 18
Ordinance Amendment with staff comments
6.3.10
Lighting of Outdoor Display Areas:
A. Top mounted fixtures are required for legally existing lighted
signs. Lighting fixtures used to externally illuminate an
outdoor advertising sign shall be mounted on the top of the
sign structure. All such fixtures shall comply with the
shielding requirements of this Section. Bottom mounted
outdoor advertising shall not be used. Notwithstanding this
provision, the lighting or re- lighting of a nonconforming
advertising sign will not be permitted if the light results in
the expansion of the nonconforming use, pursuant to Article
11.
B. Outdoor advertising signs of the type constructed of
translucent materials and wholly illuminated from within do
not require shielding. Dark backgrounds with light lettering
or symbols are preferred, to minimize detrimental effects.
Unless conforming to the above dark background
preference, total lamp wattage per sign shall not exceed 41
watts.
6.31..11
Lighting of Buildings and Landscaping
Lighting fixtures shall be selected, located, aimed, and shielded so that
direct illumination is focused exclusively on the building fagade, plantings,
and away from adjoining properties, public or private rights -of -way, and
the night sky.
6.31.12
Prohibitions
A. The use of laser source light or any similar high intensity
light for outdoor advertising or entertainment, when
projected above the horizon, is prohibited.
B. The operation of searchlights for advertising purposes is
prohibited.
C. Electrical illumination of outdoor advertising off -site signs is
prohibited.
D. Use of mercury vapor luminaries is prohibited.
19
ATTACHMENT TWO (2)
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ORDINANCE
WHEREAS, there has been heightened scrutiny over existing regulations relating
to the review, processing, and approval of outdoor lighting plans within the County, and
WHEREAS, current regulations do not explicitly establish a cap on the total
amount of light that can be generated on a given parcel of property, and
WHEREAS, the current regulations do not take into account the differences
between projects requiring outdoor lighting within urbanizing or rural areas of the
County, and
WHEREAS, the submittal requirements for lighting plans are ambiguous and has
lead to confusion, and
WHEREAS, the proposed amendment establishes an overall cap on the total
amount of outdoor lighting on a given parcel of property, provides for a differentiation
between projects within the urbanizing and rural areas of the County, and provides
additional detail on the submittal requirements for outdoor lighting plans.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance
by adding (indicated by double underlined language) and deleting (indicated by stricken
through language) as follows:
6.31
Outdoor Lighting Standards
6.31.1
Purpose and Intent:
A. Outdoor lighting is provided for a variety of purposes to the benefit
of modern society. For work or recreation, it enables people to see
essential detail in order that they may undertake their activities at
night. It facilitates the safety or security of persons or property, for
example through lighting on roads and pathways. It may be used
to emphasize features of architectural or historical significance,
and to light parks and gardens. It is used for advertising or display
to promote products or services, or to call attention to commercial
premises by means of area lighting or signs.
B. It is the intent of this ordinance to preserve, protect, and enhance
the lawful nighttime use and enjoyment of any and all property
through the use of appropriate li htin ractices ands stems.
►X17
ATTACHMENT TWO (2)
Such individual fixtures and lighting systems are designed,
constructed, and installed to maintain safety, security and
productivity, reduce glare, and curtail the degradation of the
nighttime visual environment in addition to promoting conservation
of energy. It is the intent of these regulations that lighting
unnecessary for safety or security be discouraged.
6.31.2 1 Definitions:
AASHTO: American Association of State Highway and
Transportation Officials
Cutoff Fixture: An outdoor lighting fixture shielded or
constructed in such a manner that no more than
two and one half (2 %) percent of the total light
emitted by the fixture is projected above the
horizontal plane of the fixture.
Direct Light:: Light emitted directly from the lamp, off of the
reflector diffuser, or through the refractor or
diffuser lens, of a luminaire.
Fixture: 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.
Flood Lamp: A form of lighting designed to direct its output in
a specific direction with a reflector formed from
the glass envelope of the lamp itself. Such
lamps are so designated by the manufacturers
and are typically used in residential outdoor area
lighting.
Floodlight: A form of lighting designated to direct its output
in a diffuse, more or less specific direction, with
reflecting or refracting elements located external
to the lamp.
21
ATTACHMENT TWO (2)
Footcandle (fc): The amount of light falling onto a surface.
Full Cutoff Fixture: An outdoor lighting fixture shielded or
constructed in such a manner that it emits no
light above the horizontal plane of the fixture.
Glare: Light emitting from a luminaire with an intensity
great enough to reduce a viewer's ability to see
or to cause annoyance, and, in extreme cases,
causing momentary blindness.
Holiday Decoration: Holiday displays, decorations and greetings,
which relate to any federally designated holiday,
legal holiday or religious holiday.
Lamp: The source of electric light: the bulb. To be
distinguished from fixture and luminaire.
Lumen: A unit of luminous flux. One foot - candle is one
lumen per square foot. For the purposes of this
ordinance, the lumen- output values shall be the
INITIAL lumen output ratings of a lamp.
Luminaire: A complete lighting system that includes a lamp
or lamps and a fixture.
Semi -Cutoff Fixture: An outdoor fixture shielded or constructed in
such a manner that it emits no more than five (5)
percent of its light above the horizontal plane of
the fixture, and no more than twenty (20) percent
of its light ten (10) degrees below the horizontal
plane of the fixture.
Upward: Projection of light above the horizontal plane.
22
ATTACHMENT TWO (2)
6.31.3 1 Applicability:
A. All outdoor lighting installed on public or private property
shall comply with the outdoor lighting standards as
contained in Section 6.31, unless exempted in Section
6.31.4.
B. In the event of a conflict between the outdoor lighting
standards as contained in Section 6.31 and any other
section of this ordinance, the more stringent requirement
shall apply.
6.31.4 1 Exemptions:
The following are exempt from the provisions of the outdoor lighting
standards as contained in Section 6.31:
A. All outdoor lighting lawfully installed prior to the effective
date of the outdoor lighting standards contained in Section
6.31, except the replacement of mercury vapor luminaires.
Mercury vapor luminaires, except for single - family
residences, must be replaced in conformity with the
Outdoor Lighting Standards upon the earlier occurrence of
the replacement of the fixture or the lamp.
B. Any outdoor lighting, including mercury vapor, used for an
individual single - family residence, where the residence is
constructed as of the effective date of the outdoor lighting
standards contained in Section 6.31.
C. Bona fide agricultural uses.
D. Traffic control signals and devices.
E. Temporary emergency lighting (i.e. fire, police, repair
workers, highway maintenance and construction, etc.).
F. Moving vehicle lights.
G. Navigation lights (i.e. airports, heliports, radio /television
towers, communication towers, etc.).
H. Holiday decorations using typical unshielded low- wattage
incandescent lights, which are in place no longer than 60
days.
6.31.5
Security lights of any wattage
motion - sensor switch, which do
12 minutes after activation, and
(2200 lumens).
23
ATTACHMENT TWO (2)
that are controlled by a
not remain on longer than
do not exceed 150 watts
J. Roadway lighting, installed as of the effective date of the
outdoor lighting standards, as contained in Section 6.31,
within State maintained rights -of -way provided that the
standards of Sections 6.31.5.E and Section 6.31.6.1 are
met, except for mercury vapor luminaires. Mercury vapor
luminaires used for roadway lighting must be replaced in
conformity with the outdoor lighting standards contained in
Section 6.31 upon the earlier occurrence of the
replacement of the fixture or the lamp.
Submittal Requirements:
shall A. Lighting plans shall be completed and sealed by
professional engineer and
information as detailed herein as weil as outlined with
Article Fourteen (14) of this Ordinance
A-S. Plans, drawn to scale at a maximum of one (1) inch
equaling forty (40) feet, showing the exact proposed
location, type, and height of outdoor luminaires including
both building, pole and ground fixtures;
O. A description of the luminaires, including lamps, poles or
other supports and shielding devices, which may be
provided as catalogue illustrations and product
specifications from the manufacturer. As part of this
reguirernent, all lighting plans shall contain inset drawings
of all proposed lighting fixtures including any and all
directional controls (i.e. shields, reflectors, refractors, etc.)
that will aim and limit the angle of illumination. The lighting
detail shall also show the vertical angle of illumination for all
proposed fixtures that will be used to determine the
required shielding angle.--.
24 ,
ATTACHMENT TWO (2)
D A lighting plan shall delineate the horizontal position of all
lighting fixtures proposed for a parcel of property,
GE. Photometric data, such as that furnished by the
manufacturer, showing the angle of light emission and
lumen output. An example of a photometric plan is as
follows:
In this example, the proposed light pole generates the
specific lumen levels on the property. Staff will be
responsible for utilizing this data to verify the compliance of
the fixture within the provisions of the Ordinance.
Proposed light
location
C1
(60 . 0)
1 8.3
20.
+
+
Lumen output
21 .7
24.1
18.8
2
20.9
25.1
22.6
25.1 19.5
20.7
1 q.?
1 q q
?n .-� 1 R 7 ?1
In this example, the proposed light pole generates the
specific lumen levels on the property. Staff will be
responsible for utilizing this data to verify the compliance of
the fixture within the provisions of the Ordinance.
25
ATTACHMENT TWO (2)
1 The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies
and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at
speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on
Geometric Design on Highways and Streets, 2001 ". Therefore, the mountable curb and gutter section of the
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply.
F. Foot - candle data shall also be required for all proposed lights An
example of the data necessary to comply with this requirement is
as follows:►rt
`'
,
1`AIGiPQI�t 4:�HT' - rr
rr
In this example, the proposed light pole generates the
specific foot - candle data on the property. Staff will be
responsible for utilizing this data to verify the compliance of
the fixture within the provisions of the Ordinance.
Q-.G. Additional information as may be required by the Planning
Department in order to determine compliance with Section
6.31.
H. Roadway lighting installed on state maintained roads must
meet ASSHTO requirements for light levels and uniformity.
Roadway lighting submittal requirements can be obtained in
the NCDOT publication titled "Policies and Procedures for
Accommodating Utilities on Highway Rights -of- Way ".
6.31.6
General Standards For All Areas:
A. Within areas of the County designated as `urbanizing', as
1 The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the "Policies
and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier curb at
speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on
Geometric Design on Highways and Streets, 2001 ". Therefore, the mountable curb and gutter section of the
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply.
26
ATTACHMENT TWO (2)
delineated on the Growth Management Systems Mar),
within Rural Community Activity Nodes, as delineated
the Orange County Land Use Element Map,the followiln
lighting standards shall be observed:
1. There shall be a cap on the total lumens allowed on a
parcel of property totaling on average ten 110) lumens
per one (1) sguare foot of property with a maximum
cap of 50 ' 000 initial lumens per acre of property o
fraction thereof supporting a non-residential land use.
This cap shall not apply to outdoor sports field/outdoor
performance area lighting, which shall be regulated as
detailed herein.
2. The maximum liqht level permitted alona com ' mon
property lines shall be .05 foot-candles at __gny
gjdui ing residential roperty line and/or 1.0 foot-
1!2�
candle at any adjoining non-residential propertV line.
B. Within areas of the County designated as rural', as
delineated on the Growth Management Systems Map, or
within Rural Neighborhood or Rural Industrial Nodes, as
delineated on the Orange CountV Land Use Element Mar),
the following lighting standards shall be observed:
m5=4
oaf,
This cap shall not apply to outdoor sports field/outdoor
performance area lighting, which shall be regulated as
detailed herein.
1111 111! 5111 pl
residential land use
2 The NCDOT's standard 2'-6" curb and gutter, defined as a 6" vertical face curb on page 47.2 of the
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way" does not act as a barrier
curb at speeds greater than 25 mph. It is considered a mountable curb as defined in AASHTO "A Policy on
Geometric Design on Highways and Streets, 2001". Therefore, the mountable curb and gutter section of the
"Policies and Procedures for Accommodating Utilities on Highway Rights of Way" shall apply.
27
ATTACHMENT TWO (2)
C. All floodlights shall be installed such that the fixture shall be
aimed down at least forty -five (45) degrees from vertical, or
the front of the fixture is shielded such that no portion of the
light bulb extends below the bottom edge of an external
shield.
G-. Q. Any facilities that require floodlighting may not arrange the
light in such a way that it will shine towards roadways, onto
adjacent residential property or into the night sky.
E. All flood lamps emitting 1,000 or more lumens shall be
aimed at least sixty (60) degrees down from the horizontal,
or shielded such that the main beam from the light source is
not visible from adjacent properties or the public street
right -of -way.
&F. All wall pack fixtures shall be full cutoff fixtures.
FL. C. All lights shall be shielded in such a way as to direct light
towards the Earth's surface and away from reflective
surfaces, except as expressly exempted from the provisions
of these regulations.
G-. H. Any temporary outdoor lighting that conforms to the
requirements of this Section shall be allowed.
Nonconforming temporary outdoor lighting may be
permitted by the Planning Director 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.
H-. 1. If any subdivision proposes to have installed street or other
common or public area outdoor lighting, the final plat shall
contain a statement certifying that the applicable provisions
of the outdoor lighting standards as contained in Section
6.31 will be adhered to. The required Lighting Plan and
associated documents shall be submitted and approved by
the Planning Department prior to installation of any
regulated lighting.
�.J. If any street will be taken over by NCDOT for maintenance,
roadway lighting must meet AASHTO requirements, and
must be installed and maintained according to the NCDOT
28
ATTACHMENT TWO (2)
publication titled "Policies and Procedures for
Accommodating Utilities on Highway Rights -of- way ". z
J-. K. Upward flagpole lighting is permitted for national and state
flags provided that the maximum lumen output is 1300
lumens per flagpole.
L. Any interior - lighted signs may not be lit at night when the
face of the sign is removed or damaged in such a way that
the light may distract drivers or adjacent property owners.
M. All outdoor lighting with the exception of Beall mounted
security lighting, ting, shall be extinguished within thirty 0)
minutes from the close of business, as determined by
posted hours of operation for said land use, _for non -
residential land uses unless other -wise detailed herein.
This shall not include security /mation sensor- l$.ghtir
designed to turn on when sensors detect movement and
automatically turn off after fifteen (1 minutes.
6.31.7
Lighting in Parking Lots and Outdoor Areas:
A. Other than floodlights and flood lamps, all outdoor area and
parking lot lighting fixtures shall be full cutoff fixtures.
B. The mounting height of all outdoor lighting, except outdoor
sports field lighting and outdoor performance area lighting,
shall not exceed thirty -six (36) feet above finished grade.
C. Any light fixture must be placed in such a manner that no
lamp surface is visible from any residential area or
public /private roadway.
6.31.8
Lighting for Vehicular Canopies
Areas under a vehicular canopy shall have a maximum point of horizontal
illuminance of twenty -four (24) maintained foot - candles (fc). Areas
outside the vehicular canopy shall be regulated by Section 6.31.6.
Acceptable methods include one or more of the following:
A. Recessed fixture incorporating a lens cover that is either
recessed or flush with the bottom surface (ceiling) of the
vehicular canopy.
29
ATTACHMENT TWO (2)
B. Light fixture incorporating shields, or shielded by the edge
of the vehicular canopy itself so that light is restrained to
five degrees or more below the horizontal plane.
C. Surface mounted fixture incorporating a flat glass that
provides a semi-cutoff fixture or shielded light distribution.
D. Indirect lighting where light is beamed upward and then
reflected down from the underside of the vehicular canopy.
Such fixtures shall be shielded such that direct illumination
if focused exclusively on the underside of the vehicular
canopy.
6.31.9 1 Outdoor Sports Field/Outdoor Performance Area:
=11 OEM IRS �11 I
evening hours.
herein, there shall be a limit on the allowable height of such
fixtures to eighty +. In rural areas of the County,
there shall be a limit on the allowable hei-ght of such fixtures
to sixty (60) feet.
C. All outdoor sports field and outdoor performance area
lighting fixtures shall be full cutoff fixtures and shall be
equipped with a glare control package (louvers, shields, or
similar devices). If the manufacturer does not have a glare
control package, the fixture specification must be changed
to a manufacturer that offers one.
30
ATTACHMENT TWO (2)
Q. All fixtures must be
• fall within the primaEy playing
L17E. Within urbanizing areas of the County, Tthe hours of
operation for the lighting system for any game or event shall
be no later than 11:00 p.m., except to conclude a scheduled
event that was in progress before 11:00 p.m. and
circumstances prevented concluding before 11:00 p.m.
+ • •
A + s
F. Within rural areas of the Count, all outdoor sports
fieldioutdoor performance _area lilhtirr� shall be
e tin uished 10:0 .rr�. _e� to conclude a scheduled
event that was in rogress before 10:00 .m.. grid
circumstances prevented concluding before 10:00 p rn,
• ME "11"'lowman- OWNS mom
�• Mom
MOM
s
6.3.10 1 Lighting of Outdoor Display Areas:
A. Top mounted fixtures are required for legally existing lighted
signs. Lighting fixtures used to externally illuminate an
outdoor advertising sign shall be mounted on the top of the
sign structure. All such fixtures shall comply with the
shielding requirements of this Section. Bottom mounted
outdoor advertising shall not be used. Notwithstanding this
provision, the lighting or re- lighting of a nonconforming
advertising sign will not be permitted if the light results in
the expansion of the nonconforming use, pursuant to Article
11.
B. Outdoor advertising signs of the type constructed of
translucent materials and wholly illuminated from within do
not require shielding. Dark backgrounds with light lettering
or symbols are preferred, to minimize detrimental effects.
Unless conforming to the above dark background
preference, total lamp wattage per sign shall not exceed 41
31
ATTACHMENT TWO (2)
Upon motion of Commissioner
Commissioner
Ordinance amendments were adopted this the
2009 and shall become effective upon adoption.
seconded by
the foregoing Zoning
day of ,
Donna Baker, Clerk, Orange County Commissioners
watts.
6.31..11
Lighting of Buildings and Landscaping
Lighting fixtures shall be selected, located, aimed, and shielded so that
direct illumination is focused exclusively on the building fagade, plantings,
and away from adjoining properties, public or private rights -of -way, and
the night sky.
6.31.12
Prohibitions
A. The use of laser source light or any similar high intensity
light for outdoor advertising or entertainment, when
projected above the horizon, is prohibited.
B. The operation of searchlights for advertising purposes is
prohibited.
C. Electrical illumination of outdoor advertising off -site signs is
prohibited.
D. Use of mercury vapor luminaries is prohibited.
Upon motion of Commissioner
Commissioner
Ordinance amendments were adopted this the
2009 and shall become effective upon adoption.
seconded by
the foregoing Zoning
day of ,
Donna Baker, Clerk, Orange County Commissioners
32
ATTACHMENT TWO (2)