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HomeMy WebLinkAboutORD-2009-139 Zoning Ordinance Text Amendment Relating to Outdoor LightingO/1fJ '~oa9. /~ 9 ~ ~- .d 7~9 ~~ 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 rnnctri irtari in ci i~h a manner that it F±mitc 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. Mercu 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 exception of single-family and duplex residential site plan submittals, a lighting plan shall be submitted with site plan or preliminary plan approval documents when outdoor lightin fixtures ar~~ proposed. The overall sco e and ur ose of the li htin Ian is to all~aw staff to work prevent excessive and unnecessary lighting_on with the property owner to , the ro ert rior to installation of the ro osed fixtures and to avoid costl com liance remedies later u on com letion of the ilo~ect--._The plan shall contain the following information: plans shall iae completed and sealed by a A. Ligting ~ professional encainer and shall contain all required information as detailed herein as well as +~utlined within Article Fourteen (i4 of this Qrdinance, ~m-,8. rPlans, drawn to scale at a maximum of one ~1 } inch equaling forty x,40 feet, showing the exact proposed location, type, and height of outdoor luminaires including both building, pole and ground fixtures; B.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 ioart of this requirement, all lightinc„~plans shall contain inset drawings of all ro osed li htin fixtures includin any and all directional controls i.e. shields reflectors. refractors. etc. that will aim and limit the angle of illumination. l'-he lightinq ' detail shall also show the vertical angle of illumin~~tion for all ro osed fixtures that will be used to dete~~mine the re~c-. aired shielding an~le,- D. A lightinq plan shall delineate the horizontal posit,~on of ail lighting fixtures proposed for a parcel of property ~:E. Photometric data, such as that furnished try the manufacturer, showin the an le of li ht emission and lumen output. An example of a photometric plan is as fnlln~nrc~~ 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. F. Foot-candle data shall also be re aired for all ro Deed li hts. An example of the data necessary to comply with this requirement is as follows;9-r~ ~.e~r,~: ~.~ ~xv kr~.s4 ,« ~,.. `" ~~ 8 ~ ~.., ~~ ~k.~. -rte. a ~. _.~: r ~~ ° •~,~'- In this example, the proposed light pole generates the specific foot-candle limits an the property. Staff will be respansible for utilizing this data to verify the compliance of the fixture within the pravisians of the Ordinance. O: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 Gounty designated as `urbanizinct' as delineated an the Growth Management Systems Map ar within Rural Gammunity Activity Nodes as delineated an the Orange Gaunty Land Use Element Map the fallowing lighting standards shall be observed; 1. The maximum light level permitted slang common property lines shall be 0.5 foot-candles at env adjoining residential property (ine and/or 1.0 faat- candle at any adjaininq non-residential property line. B. Within areas of the Gaunty designated as `rural' as delineated on the Growth Management Systems Maw or within Rural Nei hbarhood ar Rural Industrial Nodes as delineated on the Oran e Gaunt Land Use Element Ma . the fallowin li htin standards shall be observed; 1. The maximum Ii ht level ermined elan camman ro ert lines shall be 0.25 font-candles at an ad'ainin residentiall zoned ro ert line and/ar 0.5 fact-candle at an ad'oinin ra ert Tine with a nan- ' 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. ~,e - ~,_~,~ ~, ~- ~ ~_" ~~_ ~; ;~~-Fri--~~~-~d---s~" -4~ `_~ -- `~ ~- _ _ ~ ~ ~~ , _ ~~-;~~ ~~at- -- :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. ~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. Alt 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. ~: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 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. 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. feJ. 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. :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 wail mounted security lighting, shall be extinguished within thirty {.30} minutes from the close of business as determined by the posted hours of operation, for non-residential {and uses unless otherwise detailed herein. This shelf not include security/motion sensor {i htinq designed to turn on when sensors detect movement and ° ~ ~~~ °._ __,,..,~ "" automaticall turn off after fifteen 15 minute ~_ ~ ~. s. 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 ode oats li t to en a e in a roved activities at ni ht and rovide sufficient light levels allowing spectators to witness the activity The oal of these re ulations is to allow for reasonable develo ment and use of such li htin fixtures while ahem tin to miti ate otential ancillar im acts on ad~ Gent ro ert owners. A, Outdoor S orts Field/Outdoor Performance Area li htin shall only be allowed for those principal and accessor uses r~eeding such fixtures fio properly 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 eighty (80} feet. In rural areas of the County there shall be a limit on the allowable height of such fixtures #o sixt~(60) feet. 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 the manufacturer does not have a Eg are control package, the fixture specification must be chancled to a manufacturer that offers one. D. All fixtures must be aimed so that their beams are directed and fal! within the primary pla~ng or performance area. ~.E. Within urbanizing areas of the Gount,~~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. The maximum li ht level ermitt+`:d alon common ro ert lines shall be consistent with ~~~he standards contained within Section 6,31.6 (a} (2 of this Ordinance F. 1Jt!'ithin rural areas of the County, all outdoor sports field outdoor performance area li hc1 Ling shall be extinguished by 10:00 p,m. except to conclude a scheduled event that was in progress k~efore 10:00 p,m, and circumstances prevented concludir~q before 10:00 p.m. Under no circumstances may lighting for an event extend beyond 11:00 p.m. within the rural s~reas of the County. The maximum li ht level ermined along common property lines shall be consistent with thF; standards 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 fc~r 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 Sect ion. Bottom mounted outdoor advertising shall not be used. Notwithstanding this provision, the lighting or re-lightinc 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 facade, 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 Commi sinner ~~~i'" ~~ seconded by Commissioner the foregoing Zoning Ordinance amendments were adopted this the / day of ~-~s` m./~~ir,~- , 2009 and shall become effective upon adoption. 1C County Commissioners fj C~" a s a'~° a,Q;v - z r o 5-~ 3 s 5. Public Hearings `~~' a. Zoning Ordinance Text Amendment Relating to Outdoor Lighting The Board received the Planning Board recommendation on astaff-initiated Zoning Ordinance Text Amendment to Section 6.31 Outdoor Lighting Standards of the Zoning Ordinance and considered a decision on adoption. Planner Michael Harvey introduced this item and went over the attachments. This item was presented at the August 24, 2009 Quarterly Public Hearing. Staff is proposing to tighten up the plan submittal requirements to require more information from non-residential developers. The current ordinance is not specific enough. Language has been added to address Commissioner Yuhasz's concern relating to the review of single-family duplex residential development, stipulating that they are not required or mandated to submit formal lighting plans or light data sheets as contained within the attachment. The staff has begun the process of trying to differentiate between non-residential developments within urbanizing and rural portions of the County. The Planning Board recommended several modifications to the definition sections. It was staff's determination that if those items were not advertised specifically, they could not incorporate them into this amendment packet. The Planning Board agreed to allow staff to incorporate those proposed changes into the revised sections for the UDO. There are also amendments to the ordinance for lighting in rural areas of the County and firm deadlines for when lights have to be turned off. The recommendation by the Planning Board is to adopt the ordinance amendment as contained in Attachment 1. Commissioner Gordon noted that the Planning Board made many good suggestions. She asked if these would be addressed later.. Michael Harvey said that these comments would be coming back. Commissioner Jacobs made reference to 6.31.9 on page 14, the third line, and said that the word "while" does not need to be there. Commissioner Jacobs said that he has repeatedly brought up the bank on NC 86 entering Hillsborough on the east side and it has lights that glare in the face of everyone that drives past all night and there is no shielding. He would like to ask the bank to shield the lights. Commissioner Jacobs said that he would like to ask the Board to ask staff to address the lighting situation in a rural area and how this would be permitted for a recreational function. He would like this addressed in the UDO process. Commissioner Yuhasz said that there is a section that deals with what items need to appear on a final plat and he asked that staff look at all items to be placed on a final plat. NO PUBLIC COMMENT. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS Commissioner Jacobs said that this is not a part of the ordinance but he would like to make a motion that, as part of developing the UDO that the County Commissioners direct staff to consider possible changes to the review process for the installation and use of lighting fixtures connected to a proposed land use. Commissioner Yuhasz seconded. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to adopt the ordinance resolution contained in Attachment 1, with changes as recommended. VOTE: UNANIMOUS 6. Regular Agenda a. Update and Recommended Actions -Solid Waste Transfer Station Site Selection The Board received updates on several issues and considered recommended actions for bringing the search process for a Solid Waste Transfer Station in Orange County to a conclusion.