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HomeMy WebLinkAboutORD-2009-139 -An Ordinance Amending the Orange County Zoning OrdinanceP~ a~f 7~zQV~ - sa- ~~~ 'o?OD 9'~1 ~9 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 have 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 throu h the use of a ro riate li htin ractices and s stems. 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 '/z) 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 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 rnnctn irtPri in ci ir•.h a manner that it Pmitc nn 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. Luminaires 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 strin ent re uirement 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 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, exce t for mercur va or luminaires. Mercur va or 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: With the exce tion of sin le-famil and du lex residential site Ian submittals, a lighting plan shall be submitted with site plan or preliminary plan approval documents when outdoor lightinq fixtures are proposed. The overall scope and purpose of the lightinq plan is to allow staff to work with the p~erty owner to prevent excessive and unnecessary lightinq 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: A. Lighting plans shall be completed and sealed by a professional engineer and shall contain all required information as detailed herein as well as outlined within Article 1=ourteen~l4~of this Ordinance, X13. Plans, drawn to scale at a maximum of one U inch equaling- fortsr j40~ feet, showing the exact ~ropased location, type, and height of outdoor luminaires including both building, pole and ground fixtures; ~. 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 li htc~ ing plans shall contain inset drawings of all proposed li hg tin fixtures including any and all directional controls (i.e. shields, reflectors. refractors, etc. that will aim and limit the angle of illumination. The lightinq detail shall also show the vertical angle of illumination for all proposed fixtures that will be used to determine the required shielding angle,-;- D. A lightinq plan shall delineate the horizontal position of all. lightinq fixtures proposed for a parcel of property; E. Photometric data, such as that furnished by the manufacturer, showin the an le of li ht emission and lumen output. An example of a photometric plan is as follows: P~•oposeci lizht location C~ a- ~- ' , Light Intensit~~ \~.~~ Levels + + + 1_ ._ , . . ,__ .__ a _ .._, r~'~ ~ ?` `~'"~ 1 _, _~ ., + In this example the proposed light •pole generates the specific lumen levels on the property. Staf# will be responsible for utilizing this data to verify the compliance of the fixture within the provisions of the Ordinance. 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:= -w v•w. ~ w 1../.L. _ ~~'~, _,~ ~ ~, - ~~ r ~ ~~ ~ ~~ z ~ ~` i ~ ~.~j a; _,i.~.. _ _.. ~j In this example the proposed light pole generates the specific foot-candle limits on the property Staff will be responsible for utilizing this data to verify the compliance of the fixture within the provisions of the Ordinance. :G. Additional information as may be required by the Planning Department in order to determine compliance with Section 6.31. fmm-.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 delineated on the Growth Management Systems Map or within Rural Community Activity Nodes, as delineated on the Orange County Land Use Element Map. the follawi~ lighting standards shall be observed: 1. The maximum light level permitted along common property lines shall be 0.5 foot-candles at any adjoining residential property fine and/or 1.0 foat- candle at any adjoining non-residential property 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 County Land Use Element Map the following lighting standards shall be observed: 1. The maximum light level permitted along common ~roperty lines shall be 0.25 foot-candles at any adjoining residentially zoned property line and/or 0.5 foot-candle at an ad'oinin ro ert line with a non- 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. residential land use. ~ ~~~ ~ ~: 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. :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. I: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. ~,G. 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. ~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. ~:I. 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 li htin standards as contained in Section z 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. 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. t: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 Accommodating Utilities on Highway Rights-of-way". 2 .K. Upward flagpole lighting is permitted for national and state flags provided that the maximum lumen output is 1300 lumens per flagpole. i~-1_. 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 autdoar lighting with the exception of wall mounted security lighting shall be extinguished within thirty (30~ minutes from the close of business. as determined by the taosted hours of operation, 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 X15} 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. 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 asemi-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 Outdoor Sports Field/Outdoor Performance Area: Outdoor sports field/performance area lighting serves a unique and specific purpose. The goal of such lighting is to provide performers adequate light to engage in approved activities at night and provide sufficient light levels allowinq_spectators to witness the activity The goal of these regulations is to allow far reasonable development and use of such lighting fixtures while attempting to mitigate potential ancillary impacts on adiacent property owners. A. Outdoor Sports FieldtOutdoor Performance Area lighting shall only be allowed for those principal and accessory uses needing such fixtures to properly function as intended durin 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 eighty (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,C. All outdoor s orts field and outdoor erformance area lighting fixtures shall be full cutoff fixtures and shall be equipped with a glare control package (louvers, shields, or similar devices). If_th manufacturer does not have a alare control package, the fixture specification must be chanq~d to a manufacturer that offers one. D. All fixtures must be aimed so that their beams are directed and fall within the primary_playing or~erformance area .E. Within urbanizing areas of the County 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. The maximum lictht level permitted aloha common~ropert y _ lines shall be consistent with the standards} contained within Section 6.31,6 fa} (2} of this Ordinance F, Within rural areas of the County all outdoor spans field/outdoor performance area lighting shall be extinguished by 10:00 p.m. except to conclude a scheduled event that was in progress before 10:00 p.m. and circumstances prevented concluding before 10:00 p.m. Under no circumstances may lighting for an event extend beyond 11:00 p.m. within the rural areas of the County. The maximum light level permitted along common property lines shall be consistent with the standard(s) contained within Section 6.31.6 (b} (2} of this Ordinance 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. Upon motion of Com issioner seconded by Commissioner the foregoing Zoning Ordinance amendments were adopted this the ~_ day of 2009 and shall become effective upon adoption. `~\~ r ~~~ ' n aker, Clerk, Orange County Commissioners r, i t;` ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 7, 2009 ~~~~~~ s~ Action Agenda Item No. 5 - (~ . SUBJECT: Zoning Ordinance Text Amendment Relating to Outdoor Lighting DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN} Yes ATTACHMENT(S): 1. Ordinance Amendment 2. Copy of Legal Advertisement 3. Typical Outdoor Lighting Fixture Data Sheet 4. August 24, 2009 Quarterly Public Hearing Minutes 5. November 4, 2009 Planning Board Abstract 6. October 7, 2009 Planning Board Minutes 7. November 4, 2009 Draft Planning Board Minutes INFORMATION CONTACT: Michael D. Harvey, Planner 245-2607 Craig Benedict, Director 245-2592 PURPOSE: To receive the Planning Board recommendation on a staff initiated Zoning Ordinance Text Amendment to Section 6.31 Outdoor Lighting Standards of the Zoning Ordinancx' (hereafter `the Ordinance') and make a decision on adoption. BACKGROUND: This item was presented at the August 24, 2009 Quarterly Public Hearing where Board members made the following comments: A. Provide an explanation on what constitutes a lumen and provide examples of existing lighting levels on non-residential properties within the County, B. Clarify existing language exempting single-family residential structures from complying with the light plan provisions of the Ordinance, and C. Provide an example of the typical light detail required by staff as part of a lighting plan submittal. Please refer to: • Attachment Two (2) for a copy of the legal advertisement detailing the purpose of the proposed amendment. • Attachment Three (3) for a typical lighting data sheet that staff requires to be submitted for all light plans. This data sheet provides the overall lumen output for proposed fixtures and provides some foot-candle data. 2 Attachment Five (5) for the Planning Board abstract from the November 4, 2009 regular meeting where staff provided a detailed breakdown of various issues associated with this proposed amendment including a breakdown of existing lighting levels at non- residential developments within the County. In reviewing this information staff offers the following observations: Staffs original recommendation was to establish an overall lighting cap on non-residential development within urban and rural areas of the County. In developing this cap, staff relied on permit data entered by various staff for approved non-residential projects. Prior to the November 4, 2009 Planning Board meeting, staff discovered that the data utilized to create this proposed limit was incorrectly recorded and, as a result, the assumptions on existing lighting levels was incorrect. Staff recommended to the Planning Board that the lumen cap as originally recommended for Section 6.31.6 (a) be removed. 2. At the Quarterly Public Hearing, a local resident requested that the Ordinance be amended to require the issuance of a Special Use Permit prior to allowing for the erection and use of outdoor sports field lighting. As staff indicated during the public hearing, the installation and use of such lighting fixtures is connected to a proposed land use. It is staffs opinion that, in order to be consistent with the various existing standards of the Ordinance, those land uses that utilize such fixtures need to be reassessed to determine if they ought to be reviewed under the Special Use Permit process. 3. Planning Board members made several recommendations to modify specific sections of the lighting Ordinance, specifically modifications to: a. Section 6.31.1 Purpose and Intent b. Section 6.31.2 Definitions c. Section 6.31.3 Applicability d. Section 6.31.4 Exceptions Given the limited and specific nature of the public hearing advertisement (See Attachment Two), the majority of these recommendations cannot be included within this amendment package. These suggestions will be further reviewed by staff and incorporated into the proposed modification of outdoor lighting regulations that will be part of the Unified Development Ordinance (UDO) process. 4. Staff has included language clarifying the intent not to require single-family residential structures to submit detailed lighting plans. Further amendments will be necessary to eliminate all identified inconsistencies within the Ordinance relating to this topic. PLANNING BOARD REVIEW: The Planning Board voted eight (8) to (1) to recommend the following: 1. The deletion of proposed regulations establishing a lighting lumen cap on non-residential development as originally recommended by staff at the Quarterly Public Hearing, 2. The adoption of the proposed amendments as recommended by staff, and 3. That staff continue to revise existing lighting regulations to address Board members comments as part of the UDO project. The sole dissenter could not support the motion to approve the Ordinance amendment without the inclusion of language prohibiting the lighting of flagpoles. 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. ADMINISTRATION RECOMMENDATION: The Administration recommends the Board: 1. Receive the Planning Board recommendation, 2. If necessary, deliberate further on the proposed amendment, 3. Close the public hearing, and 4. Adopt the Ordinance Resolution contained within Attachment One.