HomeMy WebLinkAboutAgenda - 01-24-2013 - 6d1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 24, 2013
Action Agenda
Item No. 6 -d
SUBJECT: Unified Development Ordinance Text Amendments — Outdoor Lighting
(UDO /Zoning 2012 -014) - Public Hearing Closure and Action (No Additional
Comments Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form (UDO /Zoning 2012 -014)
2. Ordinance Approving Amendment
3. Excerpt from Draft November 19, 2012
Quarterly Public Hearing Minutes
4. Excerpt from Approved December 5,
2012 Planning Board Minutes
5. Memorandum from DEAPR to Planning
Board
INFORMATION CONTACT:
Michael D. Harvey, Planner III (919) 245 -2597
Craig Benedict, Director, (919) 245 -2575
PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and
make a decision on Planning Director initiated text amendments to the Unified Development
Ordinance (UDO) modifying outdoor lighting regulations.
As a reminder, the reconvening of this hearing is solely to receive the Planning Board
recommendation and any additional written evidence submitted since the November 19, 2012
Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public
or the applicant. While the BOCC may ask staff questions related to the review of a given item,
comments from the public shall not be solicited.
BACKGROUND: This item was presented at the November 19, 2012 Quarterly Public Hearing
where staff indicated the purpose of the amendment was to incorporate previously suggested
modifications received from Planning Board and BOCC members during the initial phase of
UDO development. The amendment also sought to address a long- standing concern expressed
by Orange County Department of Environment, Agriculture, Parks and Recreation ( DEAPR)
staff over height limitations on athletic field lights. These concerns are summarized in a
memorandum contained within Attachment 5.
Please refer to Section C.1(b) of Attachment 1 for a synopsis of comments made during the
public hearing as well as Attachment 3.
Procedural Information: In accordance with Section 2.8.8 of the Unified Development
Ordinance, any evidence not presented at the public hearing must be submitted in writing prior
to the Planning Board's recommendation. Additional oral evidence may be considered by the
Planning Board only if it is for the purpose of presenting information also submitted in writing.
The public hearing is held open to a date certain for the purpose of the BOCC receiving the
Planning Board's recommendation and any submitted written comments.
Planning Director's Recommendation: The Planning Director recommends approval of the
proposed UDO amendments based on the following:
A. The UDO amendments are reasonably necessary to promote the public health, safety,
and general welfare and to achieve the purposes of the adopted Comprehensive plan or
part thereof; and,
B. The UDO amendments are consistent with the goals and policies of the adopted
Comprehensive Plan.
Planning Board Recommendation: At its December 5, 2012 regular meeting the Planning Board
voted
1. Seven to two to recommend adoption of staff's proposal modifying the maximum
allowable height for athletic field light fixtures.
The two dissenting Board members indicated they felt the entire section ought to be
deleted outright and there should be no height limit on athletic field lights. Please refer to
Attachment 4 for additional detail.
2. The Board unanimously voted to recommend approval of the proposed amendment
package as contained within Attachment 2.
FINANCIAL IMPACT: See Section C.3 of Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board's recommendation;
2. Close the public hearing; and
3. Decide accordingly and /or adopt the ordinance contained in Attachment 2 which
authorizes the text amendments.
Attachment 1
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO / Zoning- 2012 -014
Amendment(s) addressing outdoor lighting
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map-
From - - --
To: - --
❑ Zoning Map-
From-
To----
El Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s):
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Dection(s): 1. Section 6.11 - Outdoor Lighting, and
2. Article 10 -Definitions
❑ Other:
B. RATIONALE
1. Purpose /Mission
K
In accordance with the rovisions of Section 2.8 Zoning Atlas and Unified
p g
Development Ordinance Amendments of the Unified Development Ordinance (UDO),
the Planning Director has initiated a text amendment to modify existing language
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relating to the regulation of outdoor lighting fixtures within the county
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Revisions to outdoor lighting regulations had been authorized for inclusion into the
initial UDO development. However, due to time constraints, staff was unable to
incorporate some of the recommended revisions into the adopted UDO. Staff has
now been able to complete these revisions.
While several modifications to existing lighting standards were made as part of the
initial UDO, several key areas of concern were slated for additional study and future
consideration.
These areas of concern, as detailed within the UDO Implementation Bridge, were
intended to be addressed during a future UDO amendment process. At this time,
staff believes there is an opportunity to address the majority of these comments and
make recommended revisions.
The purpose of this amendment is to incorporate previously identified amendments
to outdoor lighting standards, as detailed within the Implementation Bridge, into the
UDO.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
The proposed text amendments are designed to complete modifications to existing
outdoor lighting regulations to address long- standing concerns expressed by both
BOCC and Planning Board members. This includes eliminating previously identified
inconsistences, and to incorporate several revisions, identified during Phase 1 of the
UDO development process.
Staff is proposing to modify the UDO to:
1. Clarify existing regulations to address inconsistencies identified by the
Planning Board at its October 7, 2009 regular meeting and as contained
within the UDO Implementation Bridge. Examples of the changes are-
a. Modify Section 6.11.1 Purpose and Intent to include language referencing
the County's interest is promoting nighttime visibility and curtailing light
pollution.
b. Modify Section 6.11.1 (E) to include language identifying the County's
intent to regulate outdoor lighting in an effort to `restore natural light cycles'
and reduce unnecessary illumination of the night sky by requiring shielded
fixtures.
c. Incorporate new formatting changes to ensure the regulations are
consistent with the organizational rules of the UDO.
d. Eliminate references to `watts' of a light fixture and ensure proper use of
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terminology through the Section.
2. Add new definitions of light trespass, mercury vapor luminaire, light
pollution, etc. to Article 10 as recommended during Phase 1 of the UDO.
3. Address concerns by Orange County Department of Environment
Agriculture Parks and Recreation (DEAPR) over height restrictions for
athletic field lights.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy consistent
with other Comprehensive Plan element goals and objectives.
Land Use Goal 2: Land uses that are appropriate to on -site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
September 18, 2012
b. Quarterly Public Hearing
............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
November 19, 2012: This item was presented at the November 19, 2012
Quarterly Public hearing where the following comments were made:
1. A BOCC member asked what current County athletic field light limits
were at.
Staff Comment: The West Ten Soccer complex lights are at 90 feet
and the lights at the Northern Human Services park are at 80 feet.
These fixtures were installed prior to the adoption of current height
limits.
2. A BOCC member indicated there was obviouslv a decision made at
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some point and time that the athletic field lights would provide sufficient
illumination of the playing field at these specific heights.
Staff Comment: The height of an athletic field light was only a portion
of the regulatory standard that had to be complied with.
There were also foot - candle limits, light angle specifications, and other
standards governing the viability of a proposal to erect outdoor lighting
that had to be addressed prior to a permit being issued.
3. A BOCC member asked staff to clarify the proposed regulation detailed
on page 54 of the packet (proposed amendment to Section 6.11.2 (C))
concerning a revised standard requiring a property owner to bring
outdoor light fixtures into compliance with the UDO if the
building /parking area is expanded.
The member asked of the regulation would be based on a cumulative
basis or on an individual permit basis.
Staff Comment: Staff indicated this would be discussed at the
December 5, 2012 Planning Board meeting.
Staff recommended, and the Planning Board concurred, that
compliance would be measured on a cumulative basis beginning on
January 24, 2013, the anticipated adopted of the proposed
amendments.
4. BOCC members asked if staff could provide additional context related
to the proposed modification to the allowable height of athletic field
lights, specifically providing detail on what surrounding municipalities
and counties did.
While several members indicated they understood the concerns of
certain County staff over the current height limit, they indicated the
BOCC deliberated on the proposed height limits and made a
determination there was no interest in having tall light poles in the rural
areas of the County.
A second BOCC member indicated an unwillingness to raise height
limits given the potential impacts of light trespass in rural areas of the
County. He indicated the BOCC made a conscious decision to
establish a height limit and felt what was in place was sufficient.
Staff Comment: Athletic field lights are regulated as follows in
surrounding jurisdictions-
Town/County
Height limit for athletic field lights
Chapel Hill
Regulations do not appear to establish a
height limit.
Carrboro
60 foot height limit from finished grade
unless the applicant receives authorization
from the `permit- issuing authority to erect a
taller light fixture after `receipt of substantial
information justifying the need for additional
I
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Both staff and the Planning Board have concerns over increasing the
height limit. Planning staff, however, will concede there is a valid
concern over lower athletic field light fixtures contributing to the problem
of light trespass on adjacent properties.
The Planning Board voted 7 to 2 to recommend an increase in the
maximum allowable height for athletic field lights as proposed by staff.
The 2 dissenting Board members indicated they believed there ought
not be a height limit and wanted to see the regulation deleted in its
entirety.
5. A BOCC member asked staff to transmit a copy of the lighting
regulations to local power companies so they understand what our
standards are and do not try and `sell' incompatible light fixtures to local
residents.
6. A Planning Board member asked staff to clarify why several definitions
of lighting terms made reference to `initial lumens'.
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height'
Durham (City and
Regulations do not appear to establish a
County Planning)
height limit for athletic field lights so long as
the actual light fixture is a minimum 100 feet
from adjoining residentially zoned districts
and foot - candle ratios are preserved.
Hillsborough
No specific limit. Regulations governing
athletic field lights can be summarized as
follows:
Lighting for sports and athletic fields must
include glare control features and must be
designed so that primary illumination is
directed onto the play area and ancillary
areas such as bleachers, stands, and similar
areas. All lighting fixtures for sports fields
must be equipped with a glare control
package including louvers, shields, or
similar devices. The fixtures must be aimed
so that their beams are directed and fall
within the primary playing or performance
area.
Mebane
No specific limit denoted within their UDO.
There is language within the City of
Mebane's UDO similar to Town of
Hillsborough with respect to the regulation of
athletic field lights.
Chatham County
80 foot height limit from finished grade.
Both staff and the Planning Board have concerns over increasing the
height limit. Planning staff, however, will concede there is a valid
concern over lower athletic field light fixtures contributing to the problem
of light trespass on adjacent properties.
The Planning Board voted 7 to 2 to recommend an increase in the
maximum allowable height for athletic field lights as proposed by staff.
The 2 dissenting Board members indicated they believed there ought
not be a height limit and wanted to see the regulation deleted in its
entirety.
5. A BOCC member asked staff to transmit a copy of the lighting
regulations to local power companies so they understand what our
standards are and do not try and `sell' incompatible light fixtures to local
residents.
6. A Planning Board member asked staff to clarify why several definitions
of lighting terms made reference to `initial lumens'.
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Staff Comment: This is an industry standard establishing the overall
initial lumens of a light fixture. As the light source burns the overall
effectiveness of the `bulb' is diminished. Initial lumens refers to the
operational characteristics of a light source at its peak efficiency.
2. PUBLIC INVOLVEMENT PROGRAM
gMission/Scope: Public Hearin process consistent with NC State Statutes and
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Orange County ordinance requirements
a. Planning Board Review:
September 5, 2012 — Ordinance Review Committee (ORC). The ORC
recommended several modifications to the proposed amendment package
including:
a. Section 6.11.2 (C) to provide an exact threshold in cases where existing
land uses are expanding to modify /update outdoor lighting features.
b. Sections 6.11.3 (A) 6.11.4 (A) to expand and properly define the types
of luminaries prohibited for installation.
c. Section 6.11.3 (1) to add language allowing for the erection of
`celebratory lighting' versus `holiday lighting' and establishing a lumen
cap for such fixtures.
d. Revise existing language within Section 6.11.4 (A) to make it easier to
understand.
e. Include a new sentence within Section 6.11.8 explaining the rationale
for `minimum' lighting levels within Economic Development Districts.
ORC members discussed comments received by Department of Environment,
Agriculture, Parks, and Recreation (DEAPR) related to existing restrictions on
the height of athletic field lights. Members were hesitant to recommend an
increase in allowable pole heights but expressed an understanding of the
issues. It was determined additional guidance on this issue was needed from
the BOCC.
December 5, 2012 - In taking action on the proposed amendment, the Board
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voted 7 to 2 on a motion to recommend approval of staff's proposal of increasing
the overall height limit on athletic field lights as contained within Section 6.11 (c).
The 2 dissenting members indicated they felt there should be no height limit and
wanted to delete the entire section. Board members indicated they felt existing
regulations were sufficient in curbing light trespass and that limiting the height of
athletic field lights was a solution in search of a problem.
The Board then voted unanimously to approve the amendment as proposed by
staff.
Please refer to Attachment 4 for additional information.
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement was published on November 4 and 11 in the Chapel Hill
Herald and on November 7 and 14 in the News of Orange.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
® Other: Courtesy Review — DEAPR:
DEAPR staff would like the BOCC to consider increasing height
limits as shorter poles will not yield sufficient illumination of a playing
field without "excessive light spread" thereby potentially creating
safety issues within the lighted facility and avoiding unnecessary light
spill.
With the ability to direct light down rather than across by using taller
poles, there will be a better `spread' of light thereby ensuring
appropriate levels of visibility.
Requiring shorter poles will also require `more poles' to be installed
to ensure proper illumination, creating additional light spill concerns
as well as budaetary aroblems.
VA
Staff has incorporated DEAPR's request into the proposed text
amendment in an effort to seek guidance from the BOCC on the
modification of allowable pole heights.
It should be remembered in 2009 the BOCC made the conscious
decision to limit the height of athletic field light poles to address
concerns from rural residents over tall, imposing lights and light
trespass.
Please refer to Attachment 5 for additional information.
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2012 -13 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendments are in response to previously identified and suggested modifications to
outdoor lighting regulations that were not incorporated into the initial UDO development
project.
The purpose of the proposed amendments is to further identify and define limits of
outdoor lighting to address the inherent conflict created by the need to illuminate a
property for commerce, public safety and security purposes against the need to protect
adjacent property owners from unnecessary impact.
The anticipated result of the amendments is to provide greater opportunity to address
light pollution throughout the county and incorporate suggested revisions made during
the initial UDO development phase.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2
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Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
mharvey @orangecountync.gov
ent 2
Ordinance #: ORD- 2013 -004 Attachm 12
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, during the development of the Unified Development Ordinance several
modifications to existing lighting regulations were identified as being necessary, and
WHEREAS, several of these modifications, incorporated into the UDO
Implementation Bridge, were put on hold for future consideration, and
WHEREAS, the County has determined these modifications to existing lighting
regulations are now timely, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and
WHEREAS, pursuant to North Carolina General Statute 153A -341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2013.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on 7 2013 as relates in any way to
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the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNESS my hand and the seal of said County, this day of
, 2013.
SEAL
Clerk to the Board of Commissioners
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UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations governing the
review and development of outdoor lighting facilities.
These amendments are based on comments /direction received by BOCC, Planning Board, and
DEAPR staff since the November 19, 2012 Quarterly Public Hearing.
As the number of affected pages associated with this proposal is extensive, and substantial text is
being modified, staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be added to
the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Green Text: Denotes existing text that has modified based on BOCC and Planning
Board member recommendations arising out the November 19, 2012 quarterly public
hearing and the December 5, 2012 Planning Board meeting.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet.
Staff has included footnotes within the amendment package to provide additional
information /rationale concerning the proposed amendments to aid in your review.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text /sections downward.
Article 6: Development Standards
Section 6.11: Outdoor Lighting
(e) New collector and local streets, serving residential or commercial
6.11.1 Purpose and Intent
The purpose of outdoor lighting standards is to balance the public safety need for outdoor lighting fixtures
that are used to enhance #lawful, permitted, nighttime use and enjoyment of anyL-property while at the
Orange County, North Carolina — Unified Development Ordinance Page 6 -66
15
development, must meet the specifications and standards contain in
Section 7.8 of this Ordinance and /or NCDOT Construction Stan rds for
streets with curb and gutter section.
(f)
On- street parking is not permitted on collector streets whic ill intersect
with existing thoroughfares proposed as bicycle routes in a Regional
Bicycle Plan.
(g)
In lieu of on- street parking, four -foot bike lanes must a delineated on
each side (curb) of the street.
(2) edestrian Circulation
(a
Walkways or sidewalks must be provided al g all new collector and
arterial streets.
(b)
minimum four -foot wide planting strip etween sidewalk and curb shall
b provided.
(c)
In a cases, public sidewalks, and alkways on private property, must be
at lea four feet in width and cle rly marked with paint or a contrasting
surface aterial.
(d)
In addition, arrier -free desi n must be incorporated into sidewalk and
walkway sys ms for use the handicapped.
(e)
Buildings must site in ways which make their entries or intended use
clear to approachi sers and visitors. Clear pedestrian entries from the
street and not just adjacent parking areas are to be provided.
(f)
Locate parking eas t the side or rear of buildings and relate building
facades to th treet, pu is sidewalks, and transit stops.
(g)
In the are etween the pub is realm of the street and the private realm
of the re dential complex or c mmercial building, provide a transition
consis i g of a well landscaped ont yard, a low fence or wall, a
rece ed entry, a courtyard, or of r device that promotes privacy but
v ility from the street.
(3) Bicycle
irculation
(a)
Development projects which abut a propo d bicycle route must make
provision for bicycle parking /storage as part f the comprehensive site
development plan.
(b)
In addition, such facilities are to be provided in c 'unction with
designated transit stops.
(c)
Bicycle parking and storage facilities, as well as the in allation and /or
delineation of bike lanes must be done in accordance w the standards
contained in The Regional Bicycle Plan - Durham and Or ge Counties
North Carolina Bicycle Facilities Planning and Design Criter .
(d)
In each instance where bicycle parking /storage is provided, the umber
of bicycles for which space is provided must be appropriate to th
location and expected clientele. Where such facilities are provided, afe
and sheltered parking and storage is to be provided as close and
convenient to building entrances as vehicular parking.
6.11.1 Purpose and Intent
The purpose of outdoor lighting standards is to balance the public safety need for outdoor lighting fixtures
that are used to enhance #lawful, permitted, nighttime use and enjoyment of anyL-property while at the
Orange County, North Carolina — Unified Development Ordinance Page 6 -66
15
Article 6: Development Standards 16
Section 6.11: Outdoor Lighting
same time promote nighttime vision, natural resource conservation, community values, and aesthetics by
establishing standards for the designing, application, and use of outdoor lighting resources and fixtures.'
Accordingly,
the specific regulatory objectives of these standards are as follows:
A) Promote niahttime visibilitv by directina appropriate levels of illumination upon intended
targets
{A3(BLPermit and promote the reasonable uses of outdoor lighting for nighttime safety, utility,
security, productivity, enjoyment and commerce,
{B}(CLConserve energy and resources to the greatest extent possible,
{G)(DLMinimize adverse offsite impacts generated by outdoor lighting including, but not limited
to light trespass, and obtrusive lightia .
1
(E) Curtail and limit light pollution and preserve the nighttime environment, aR4
(1) Restoring the natural cycles of light and dark to the indigenous natural
environment. and
(2) Darken the night sky by reducing unnecessary transmission of upward light both
directly from an unshielded light source and indirectly from ground -level
reflections of excess downward light. s
6.11.2 Applicabil
Except as described herein all outdoor lighting on public or private property, whether attached to
structures, poles, the earth, or any other location including lighting installed by any third party, installed
after the effective date of this Ordinance shall comply with these requirements including, but not limited
to:
(A)
aftor Oho offontivo date of this QFdinonno Shall nomnly With +horn rogi iiromonts This
innli des but is not limited to Newly installed outdoor lighting fixtures.
{A)(B) Replacement of existing outdoor lighting fixtures. new lighting ronlanomont lighting or
,
nlw ding lighting installed by n .� thmFd party. poles, earth, �
{E4(C) Modifications to existin
outdoor lighting fixtures in instances where additional
structural or site improvements to a parcel of property result in added square footage of
building area or an increase in parking on property greater than 25% of the existing
building square footage or parking lot increase.SThis shall be a cumulative impact based
The modification was recommended at the October 7, 2009 Planning Board meeting.
2 Moved to subsection (A) based on Planning Board recommendation made at its October 7, 2009 meeting.
3 Modification recommended at the October 7, 2009 Planning Board meeting
4 Formatting change made by staff to ensure section followed organizational rules of the UDO.
s As recommended at the September 5, 2012 Ordinance Review Committee (ORC) meeting
Orange County, North Carolina — Unified Development Ordinance Page 6 -67
Article 6: Development Standards 17
Section 6.11: Outdoor Lighting
on property as it existed on January 24, 2012 with respect to determining compliance
with this provision.
{C)LDLIn the event of a conflict between the outdoor lighting standards contained herein and any
other section of this Ordinance, the more stringent requirement shall apply.
6.11.3 Exemptions
The following are exempt from the provisions of the outdoor lighting standards contained herein,
but shall be implemented in a manner consistent with the overall purpose and intent of this
Section:
(A) Single- family and duplex residential development on individual lots with the exception of
the installation of MersuF�,-metal vapor luminaries, including mercury and sodium vapor
luminaries, which +s-are prohibited per Section 6.11.4.
(B) All outdoor lighting lawfully installed prior to the effective date of the outdoor lighting
standards contained herein, except the replacement of mercury or sodium vapor
luminaires. Mercury and sodium vapor luminaires, °"^°p+ f °r °;n^'°- f °m;'„ r°Sid °n^°8
8must be replaced in conformity with the Outdoor Lighting Standards upon the earlier
occurrence of the replacement of the fixture or the lamp.
(C) 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 herein.
(D) Bona fide agricultural uses.
(E) Traffic control signals and devices.
(F) Temporary emergency lighting (i.e. fire, police, repair workers, highway maintenance and
construction, etc.).
(G) Moving vehicle lights.
(H) Navigation lights (i.e. airports, heliports, radio /television towers, communication towers,
etc.) as required by local, State, and Federal agencies for public safety purposes.
(1) Celebratory lighting for seasonal and HG44ay holiday observances dessratispi; using
typical unshielded low- wattage ^ ^ ^ ^�' ° ° ^ °^ +lights, which are in place no longer than 60
days generating no more than 150 lumens. 9
(J) Security lights that are controlled by a motion - sensor switch, which do not remain on
longer than 12 minutes after activation, and do not exceed 159 watts (22 1800 lumens3
per individual light fixture.10
6 The green text was added to address a concern expressed at the November 19, 2012 Quarterly Public Hearing on
how the improvement would be calculated, specifically on a cumulative basis or on an individual permit basis. Staff
is recommending a cumulative method of measurement as a property owner could propose modifications over a
prolonged period of time, over separate permits, and not be required to bring lighting fixtures into compliance with
the UDO.
'At the ORC meeting of the Planning Board on September 5, 2012 members suggested expanding the prohibition.
Mr. Hallenbeck suggested there is virtually no difference between a sodium vapor or mercury vapor with respect to
the generated light. If you ban one form you should ban all forms to be consistent.
' Modification of existing language consistent with ORC recommendation.
9 As recommended at the October 7, 2009 Planning Board meeting. The term incandescent was removed to address
a Planning Board member concern that current wording would technically prevent the use of LED lights for holiday
decorations.
10 As our regulations make specific reference to initial lumen output, it does not make sense to provide a regulatory
standard based on the `watt' of a bulb. This was suggested at the September 5, 2012 ORC meeting.
Orange County, North Carolina — Unified Development Ordinance Page 6 -68
Article 6: Development Standards 18
Section 6.11: Outdoor Lighting
(K) Roadway lighting, installed as of the effective date of the outdoor lighting standards, as
contained herein, within State maintained rights -of -way provided that the standards of
Sections 6.11.5(B)(2)(h) and 6.11.6(H) 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 herein upon the earlier occurrence of the
replacement of the fixture or the lamp.
(L) Temporary lighting for occasional or special events such as outdoor sporting contests,
concerns, theater events, festivals, carnivals, social gatherings, celebrations, special
promotions, or similar occasional events permitted in accordance with the provisions of
this Ordinance.
6.11.4 Prohibitions
The following activities and /or use of lighting are specifically prohibited:
(A) Tih�'R'S$ onrl/nr in64ol1o4inn of morns in �ionnr li iminorioS � rnhihitpd on ovic }inry
� }sms�n+ e,i +h +ho tAn�a? nnn4oiAed horoin The installation, use, repair, or
replacement of a mercury and /or sodium vapor lighting fixture(s) generating 1200
lumens or more per individual bulb.
(B) The use of searchlights, beacons, laser source light or any similar high intensity light for
outdoor advertising or entertainment, wh°^ PF9j8Gt8d abeve the hnriZnn
(C) The operation of searchlights for advertising purposes or to draw attention to an event or
activity is specifically prohibited. This shall not include the use of searchlights in
temporary emergency situations,
(D) Electrical illumination of off - premise commercial signs,
(E) Lights that are flashing, pulsing, moving, rotating, flickering, or that change in intensity or
color, with the exception of emergency lighting, and
(F) Fixtures that are designed to resemble traffic control or other similar public safety devices
th t Ari; used for advertising or other similar purposes.
6.11.5 Lighting Plan
(A) Purpose and Intent
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 avoiding potential costly compliance remedies upon
completion of the project.
(B) Submittal Requirements
(1) With the exception of single - family and duplex residential plot plan submittals, a
lighting plan shall be submitted with site plan, MPD -CZ Master Plan or
preliminary plat approval documents when outdoor lighting fixtures are proposed.
Any development project proposing outdoor lighting shall not be permitted until
the proposed lighting plan is approved in accordance with the provisions of this
Ordinance.
(2) Lighting Plans shall comply with the following standards:
(a) Lighting plans shall be completed and sealed by a professional engineer
and shall contain all required information as detailed herein,
" Incorporating comments made at the September 5, 2012 ORC meeting.
Orange County, North Carolina — Unified Development Ordinance Page 6 -69
Article 6: Development Standards 19
Section 6.11: Outdoor Lighting
(b) Plans, drawn to a maximum scale of one inch equaling 40 feet, shall
show the exact location, type, and height of all outdoor luminaries,
existing and proposed, including building, pole and ground fixtures;
(c) The plan shall include a detailed description of the luminaries, 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 plans shall contain
inset drawings of all proposed lighting fixtures including any 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;
(d) A lighting plan shall delineate the horizontal position of all lighting fixtures
proposed for a parcel of property; and
(e) Photometric data, such as that furnished by the manufacturer, showing
the angle of light emission and lumen output shall be required. An
example of a photometric plan is as follows:
Figure 6.11.5.B.2.e: Lighting Plan Standards, Photometric Plan
C1
2.0.7 19.2 19.9 20.3 18.7 21.7
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 this Ordinance.
(f) Foot - candle data shall also be required for all proposed outdoor lights.
An example of the data necessary to comply with this requirement is as
follows:
Orange County, North Carolina — Unified Development Ordinance Page 6 -70
Article 6: Development Standards 20
Section 6.11: Outdoor Lighting
Figure 6.11.5.B.2.f: Lighting Plan Standards, Foot - candles
Isolux
Contours
t� ■) j1
Property Line
Property Line Proposed Outdoor Lighting Fixture
Along with location, type, and height of outdoor lighting fixtures, isolux contours must be
provided to demonstrate foot - candle data. 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 this Section.
(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 ".
6.11.6 General Standards
(A) Urbanizing Areas
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 maximum light level permitted along
common property lines shall be 0.5 foot - candles at any adjoining residential property line
and /or 1.0 foot - candle at any adjoining non - residential property line.
(B) Rural Areas
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 maximum light level
permitted along common property lines shall be 0.25 foot - candles at any adjoining
residentially zoned property line and /or 0.5 foot - candle at any adjoining property line with
a non - residential land use.
(C) Floodlights
(1) All floodlights shall be installed such that the fixture shall be aimed down at least
45 degrees from vertical, ^r the front of the fixture is shiolrJorl si inh that no Portion
of the light bulb extends below the bottom edge of an external shielrt
Orange County, North Carolina — Unified Development Ordinance Page 6 -71
Article 6: Development Standards 21
Section 6.11: Outdoor Lighting
(2) Any facilities that require floodlighting may not arrange the light in such a way
that it will chino tgyfArds r„a, way-^produces light trespass - onto adjacent
residential property or into the night sky.
(3) All flood lamps emitting greater than 4;0001,200 or lumens shall be aimed
at least 60 degrees down from the horizontal, or shielded such that the aaaiR
beam fFem the light seuFG, bulb is not visible from adjacent properties or the
public street right-of-way. 12
(D) All wall pack fixtures shall be full cutoff fixtures.
(E) 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.
(F) Temporary Outdoor Lighting
(1) Any temporary outdoor lighting that conforms to the requirements of this Section
shall be permitted.
(2) Nonconforming temporary outdoor lighting may be permitted by the Planning
Director after considering the following:
(a) The public and /or private benefits that will result from the temporary
lighting,
(b) Any annoyance or safety problems that may result from the use of the
temporary lighting, and
(c) The duration of the temporary nonconforming lighting.
(G) Subdivisions
(1) If any subdivision proposes street lights 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 this Section will be
adhered to.
(2) The required Lighting Plan and associated documents shall be submitted and
approved by the Planning Department prior to installation of any regulated
lighting.
(H) 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 ".
(1) Upward flagpole lighting is permitted for national and state flags provided that the
maximum lumen output is 1000 lumens per flagpole.
(J) 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.
(K) All outdoor lighting, with the exception of wall mounted security lighting, for non-
residential uses shall be extinguished within 30 minutes from the close of business, as
determined by the posted hours of operation, 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 12 minutes.
6.11.7 Specific Standards
(A) Lighting in Parking Lots and Outdoor Areas
12 Incorporating suggestions made by Planning Board members during Phase 1 of developing the UDO. The
rationale for raising allowable lumens is to allow for, and encourage the use of, existing energy efficient light
fixtures already on the market to be used as floodlights.
Orange County, North Carolina — Unified Development Ordinance Page 6 -72
Article 6: Development Standards 22
Section 6.11: Outdoor Lighting
In addition to the general standards established in this Section, lighting in parking lots
and outdoor areas shall comply with the following standards:
(1) Other than floodlights and flood lamps, all outdoor area and parking lot lighting
fixtures shall be full cutoff fixtures.
(2) The mounting height of all outdoor lighting, except outdoor sports field lighting
and outdoor performance area lighting, shall not exceed 36 feet above finished
grade.
(3) Any light fixture must be placed in such a manner that no lamp surface is visible
from any residential area or public /private roadway.
(B) Lighting for Vehicular Canopies
In addition to the general standards established in this Section, lighting for vehicular
canopies shall comply with the following standards:
(1) Areas under a vehicular canopy shall have a maximum point of horizontal
illuminance of 24 maintained foot - candles (fc). Areas outside the vehicular
canopy shall be regulated by Section 6.11.6.
(2) Acceptable lighting 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 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.
(C) Outdoor Sports Field /Outdoor Performance Area:
(1) Purpose and Intent
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 allowing
spectators to witness the activity.
The goal of these regulations is to allow for reasonable development and use of
such lighting fixtures while attempting to mitigate potential ancillary impacts on
adjacent property owners.
(2) Standards
In addition to the general standards established in this Section, Outdoor Sports
Field /Outdoor Performance Area lighting shall comply with the following
standards:
(a) Outdoor Sports Field /Outdoor Performance Area lighting shall only be
allowed for those principal and accessory uses needing such fixtures to
properly function as intended during evening hours.
(b) Maximum Height
(i) Within the urbanizing areas of the County, as defined herein,
there shall be a limit on the allowable height of such fixtures of
X100 feet.
Orange County, North Carolina — Unified Development Ordinance Page 6 -73
Article 6: Development Standards 23
Section 6.11: Outdoor Lighting
(ii) In rural areas of the County as defined herein, there shall be a
limit on the allowable height of such fixtures of 690 feet. 13
(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.
(d) All fixtures must be aimed so that their beams are directed and fall within
the primary playing or performance area.
(e) Hours of Operation
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.
(ii) Within rural areas of the County, all outdoor sports 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.
(f) The maximum light level permitted along common property lines shall be
consistent with the standard(s) contained within Section 6.11.6 of this
Ordinance.
(D) Lighting of Outdoor Display Areas:
13 Modification of height limits for athletic field lights in both the rural and urban areas of the County is requested
by Department of Environment, Agriculture, Parks and Recreation (DEAPR) staff. The BOCC established the
current limits to address issues of excessive light generated by tall light poles.
DEAPR staff would like the BOCC to consider increasing height limits as smaller poles will not yield sufficient
illumination of a playing field thereby potentially creating safety issues. Taller poles will result in a better `spread'
of light thereby ensuring appropriate levels of visibility. Requiring smaller poles will also require `more poles' to be
installed to ensure proper illumination creating additional light trespass concerns as well as budgetary problems.
As an aside athletic field lights at the Eurosport soccer complex at 90 feet in height and lights at Fairview park are
70 feet. All were installed prior to the development of a existing height limits for athletic field lights.
Another concern expressed by DEAPR staff is there is a noticeable lack of vendors who can provide fixtures
adhering to all established development requirements and abide by established height limits.
It should be noted the imposition of existing height limits was extensively discussed back in 2009 when the original
ordinance amendment was proposed. ORC members acknowledged the concern of DEAPR staff but expressed
reservation on modifying height limits. Staff believes there is merit in reviewing these limits in the context of
ensuring proper illumination of an athletic field while protecting adjacent property owners from glare and light
trespass.
The Planning Board voted 7 to 2 to recommend the modificaition as detailed herein. The 2 dissenting Board
members indicated their preference for the entire section to be deleted and eliminate the height restriction outright.
Orange County, North Carolina — Unified Development Ordinance Page 6 -74
Article 6: Development Standards 24
Section 6.11: Outdoor Lighting
(1) 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 this Ordinance.
(2) Outdoor advertising signs 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.
(E) 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.
6.11.8 Additional Standards for Economic Development Districts
In addition to the outdoor lighting standards established in this Section, the following standards
shall apply within the Economic Development Districts:
(A) All lighting must be shielded to confine light spread within the site boundaries and provide
uniform illumination in compliance with the following minimum levels.
It is the intent of this section to require minimum light levels during established business
hours or in those instances where members of the general public will be on -site to ensure
Public safety.
(B) Pedestrian walkways and plazas must be lighted and fixtures mounted at a lower height
for security and to create an inviting pedestrian environment.
(C) Accent lighting must also be provided to illuminate such key locations as building and
driveway entries, and activity areas.
(D) Lighting for the purpose of illuminating landmarks and unique features of the site is also
encouraged.
(E) All light fixtures are to be concealed source fixtures except for pedestrian- oriented accent
lights.
14 Added to address ORC comments made at its September 5, 2012 meeting. There was concern over the ambiguous
nature of existing wording. Board members wanted clear explanation lights had to be on during those times when
the general public would be on the property and need the light for public safety and security purposes.
Orange County, North Carolina — Unified Development Ordinance Page 6 -75
Article 6: Development Standards 25
Section 6.12: Signs
(F) Security lighting fixtures or floodlights must not project over the fascia or roof line of the
building(s).
(G) Parking area and driveway fixtures should be mounted at or below a maximum height of
25 feet above the surface of the parking area or driveway.
(H) The design of light fixtures and structural supports must be compatible with the
architecture of the principal building(s) and identification signs.
(1) Where building faces are illuminated, lighting fixtures must be integrated within the
architectural design of the buildings.
(J) Ground - mounted lighting fixtures must be weather -proof and vandal resistant.
(K) Hillsborough EDD
In addition to the standards established above, the following standards shall apply within
the Hillsborough EDD:
(1) Lighting must be high efficiency lighting systems and lighting levels must be
reduced during non -use hours to promote energy conservation.
(2) 12:1 minimum /maximum glare ratio.
(3) Maximum footcandles = 80
6.12.1 \Purpose and Intent
Th %th e of this Section is to regulate the type, placement and physical dimensi s of all
sig interest of public health, safety and welfare, while recognizing the ne for signs
witusiness communit y.
It is the inten f this section to regulate signs on a per lot basis in conjunc ' n with the zoning
designation oft lot as described on the current tax roll weather a sign � directly visible from a
street right -of -way not.
6.12.2 Outdoor Advertising
The provisions of this Article tablish standards and revie criteria relating to the location,
erection, maintenance, lighting, etbacks, and use of si This includes regulations pertaining
to outdoor advertising (i.e. Billboa ).
The regulation and permitting of outdo advertis" g is also subject to State requirements,
including the State Outdoor Advertising ntro ct, and Federal requirements. In cases where
there is a conflict between County regulatio and State or Federal regulations, relating to the
location, erection, maintenance, lighting, tba s and use of outdoor advertising signage, the
corresponding State or Federal law sh take pre dent.
In cases where there is no appl
shall be enforced.
6.12.3 General Requirements
State /Federal sNndard, then existing County regulations
(/Aoning of a type nor any part thereof shall be erected, inted, posted, reposted,
e aced, or hung in any zoning district except in com \permitte hese
s.
(n shall erect or maintain a sign, and no property own a sign to be
or maintained on his property except in conformity wiations.
( Compliance Permit approved in accordance with th is e shall be required prior to erecting a sign, unless otitte
nge County, North Carolina — Unified Development Ordina nce Page 6 -76
Article 10: Definitions 26
Section 10.1: Definitions
clood Insurance Rate Map (FIRM)
An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas
and the risk premium zones applicable to the county are delineated. These areas are incorporated within
the official Zoning Atlas for Orange County as the Special Flood Hazard Area Overlay District.
clood Insurance Study (FIS)
An examination, evaluation, and determination of flood hazard, corresponding water surface elevations (if
appropriate), flood insurance risk zones, and other flood data in Orange County issued by FEMA. The
FIS report contains corresponding flood profiles, as well as FIRMS.
Flood Lamp
envelope of the lamp itself. SUGh lamps aFe so designated by the FnanufaGtUreFs and aFe typiGally used
resodentmal ,,,,+, eeF area r„htin„.See Outdoor Lighting, Flood Lamp.
Floodlight
See Outdoor Lighting, Floodlight.15
= loodplain or Flood Prone Area
Any land area susceptible to being inundated by water from any source and is interchangeable terms.
Floodplain Administrator
The individual appointed to administer and enforce the floodplain management regulations.
= loodplain Development Permit
A document required for any disturbance within a mapped special flood hazard area prior to the
commencement of any development activity.
loodplain Management
The operation of an overall program of corrective and preventive measures for reducing flood damage
and preserving and enhancing, where possible, natural resources in the floodplain, including but not
limited to emergency preparedness plans, flood control works, floodplain management regulations, and
open space plans.
•loodplain Regulation:
This Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances,
and other applications of police power, which control development in flood -prone areas. This term
describes federal, state or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Flood Proofing
Any combination of structural and nonstructural additions, changes, or adjustments to structures, which
reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation
facilities, or structures with their contents.
Floodwa,
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
This term may also be referred to as "regulatory floodway."
Mood Zone
" Staff is eliminating multiple definitions of tenns and providing a reference point to direct the reader where the
term can be found within the UDO.
Orange County, North Carolina — Unified Development Ordinance Page 10 -11
Article 10: Definitions 27
Section 10.1: Definitions
A geographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flooding in
the area.
Floor
See "Lowest Floor ".
Floor Area Ratio
Floor Area Ratio (FAR) is the maximum floor area permitted for each square foot of land area.
Footcandle
" See Outdoor Lighting, Foot - candle.
Forest Plantation
An area of planted trees that may be conifers (pines) or hardwoods. On a plantation, the intended crop
trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed
that is blown or carried into the site.
Forest Vegetation
The plants of an area which grow together in disturbed or undisturbed conditions in various wooded plant
communities in any combination or trees, saplings, shrubs, vines, and herbaceous plants. This includes
mature and successional forests as well as cutover stands.
Fraternity, Sorority House
A building occupied by and maintained exclusively for college or university students who are affiliated with
a social, honorary or professional organization and which is recognized by the college, university or other
institution of higher learning.
Freeboard
Height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could
contribute to flood elevations.
Frontage, Building
The linear length of a building facing a public street right -of -way, exclusive of alleys; or the linear length of
the street right -of -way that faces the building, whichever is smaller.
Frontage, Lot Line
The distance measured along the designated front lot line or public or private right -of -way or easement,
as determined by the Planning Director, which affords vehicular access to the property between the
points of intersection of the side lot lines with such right -of -way or easement. For the purposes of this
definition, businesses have only one frontage.
Frontage, Tenant
Each lineal foot, or major portion thereof, measured along the main entry of a tenant space within a non-
residential complex.
Full Cutoff Fixture
hnriZGRtaI PIaRG of tho fixt- pro See Outdoor Lighting, Full- cutoff Fixture.
Functionally Dependent Facility
A facility, which cannot be used for its intended purpose unless it is located in close proximity to water,
such as a docking, or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair. The term does not include long -term storage, manufacture, sales, or service
facilities.
Orange County, North Carolina — Unified Development Ordinance Page 10 -12
Article 10: Definitions 28
Section 10.1: Definitions
a) The owning or keeping, for any purpose, of 20 or more animals
b) The selling and /or training of guard dogs or security dogs
c) The keeping of more than five animals at any given time for the purpose of breeding, boarding, or
rehabilitation.
The operator of a Kennel (Class II) shall be allowed to reside on the property to ensure the continuous
care of the animals kept on -site.
Lamp
See Outdoor
Lighting, Lamp. 16
Land Area Measurement Definitions
(See Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Open Space
Rear)
-and-Disturbing Activity
Any use of the land that results in a change in the natural cover or topography that may cause or
contribute to sedimentation.
A site within which is deposited solid waste material, including trash, construction debris, stumps,
branches and limbs, garbage and industrial waste.
Landfill, Discharging
A landfill facility with liners, monitoring equipment and other measures to detect and /or prevent leachate
from entering the environment and in which the leachate is treated on site and discharged to a receiving
stream. Discharging landfills require a National Pollution System (NPDES) Permit from the North
Carolina Division of Water Quality.
.and Use Intensity Definitions
(See Non - residential Land Area, Non - residential Floor Area, Residential Floor Area, Floor Area Ratio,
Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Floor Area Ratio, Open Space,
Open Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian /Landscaped Space,
Pedestrian /Landscaped Space Ratio.)
Land Use Permit
A zoning permit, subdivision approval, building permit, site plan, special use permit, or conditional use
permit.
L-and Use Plan
A set of documents and maps that categorize existing patterns of land development and set guidelines for
the desirable intensity, density, quantity, type, location and timing of future development based upon the
goals and policies set forth in the Plan. The Land Use Plan can be found in the Land Use Element of the
Comprehensive Plan.
Length of Wall
The horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case
of attached dwellings) are off -set by angles or setbacks of six feet or more, the length of each segment so
set off shall be measured separately in establishing pertinent yard depth. Length of the wall of a circular
building shall be construed as the diameter of the building.
_evel of Service
16 Staff is proposing to eliminate the unnecessary duplication of this definition and provide the reader with a
reference where the tern is properly defined.
Orange County, North Carolina — Unified Development Ordinance Page 10 -16
Article 10: Definitions 29
Section 10.1: Definitions
A qualitative measure that describes the operational conditions or a road or intersection, as defined by
the Highway Capacity Manual. The various service levels are defined by a range from A to F, with A
representing free flow traffic conditions and F representing stop- and -go traffic.
Light, Flashing
A light that intermittently flashes on and off.
Light Source
The point of origin illumination emanates; usually a lamp. Please refer to the definition of Outdoor
Lighting, Lamp for additional information.
Light Trespass
Intrusion of direct light projected from one property or roadway onto another property or roadway.
Livability Space
Livability space is part of total open space appropriately improved and located as outdoor living space for
residents and for aesthetic appeal. Such spaces include lawns and other landscaped areas, walkways,
paved terraces and sitting areas, outdoor recreational areas, and landscaped portions of street rights -of-
way. Such space shall not be used for vehicles, except for incidental service, maintenance or emergency
action.
Livability Space Ratio
Livability space ratio is the minimum square footage of non - vehicular outdoor space required for each
square foot of land area in residential development. It is open space used for people, planting and visual
appeal and does not include vehicular parking and access areas.
Lodgings
Living quarters which do not contain independent kitchen facilities, provided, however, that dwelling units
occupied by transients on a rental or lease basis for periods of less than one week shall be considered
lodging units even though they contain independent kitchen facilities.
Lodging Unit
A room or rooms connected together, constituting a separate lodging for one family only, physically
separated from any other rooms or dwelling or lodging units. Where two or more rooms are connected by
a doorway or doorways, and arranged, equipped and furnished in such a manner that they might
reasonably be rented, leased or occupied, either individually or in combination, each room shall be
construed as a lodging unit.
Logo
An established identifying symbol or mark associated with a business or business entity.
Lot
Land bounded by lines established for the purpose of property division. The term includes water areas
included in the property so enclosed. As used in this Ordinance, unless the context indicates otherwise,
the term refers to a zoning lot. (See Lot, Zoning).
Lot Definitions
(See Lot, Lot Zoning, Lot Non - Conforming, Lot Non -Legal for Zoning Purposes, Lot Area Net, Lot Area
Gross, Lot Building Area Of, Gross Land Area of PD -H Districts, Setback, Lot Regular, Lot Irregular,
Residential Land Area).
Lot, Flag
An irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an
arm of the lot.
Lot Area, Gross
Orange County, North Carolina — Unified Development Ordinance Page 10 -17
Article 10: Definitions 30
Section 10.1: Definitions
at the distance prescribed for a rear setback from the apex of the angle. Adjacent to the
remainder of such lot lines, side setback requirements shall apply.
C. Side setback on regular lots are setbacks running from the rear line of the front setback to the
front line of the rear setback. Depth of side setbacks shall be measured perpendicular to the side
lot line, so that the required setback is a strip of the minimum depth prescribed by district
regulations.
Lot, Subdivision
A piece, parcel or plat of land created pursuant to the subdivision regulations contained within this
Ordinance and shown as such on a recorded subdivision plat.
Lot, Usable
The portion of a zoning lot unencumbered by stream buffers, drainage easements, public and private
rights -of -way, access easements, and transmission line easements. Lot, Usable also excludes all areas
within lots having slopes greater than 20 %, all bodies of water including, but not limited to, ponds, lakes,
reservoirs and the area within wildlife corridors (as defined in the Land Use Element of the Orange
County Comprehensive Plan) up to a maximum width of 150 feet total or the width of the stream buffer,
whichever is greater.
Lot, Zoning
A. Residential: A lot which complies with the dimensional requirements for the land use intended for
the zoning district in which it is to be located and which lot is either a lot of record, a subdivision lot,
or a lot created by a recorded subdivision plat not requiring Orange County subdivision approval.
B. Non - Residential: A lot which complies with the dimensional requirements for the land use intended
for the zoning district in which it is located.
C. When a zoning lot is divided by the recording of an approved subdivision plat or by the recording of
a subdivision plat not requiring Orange County subdivision approval, each resulting lot is a zoning
lot.
D. In cases where authorities empowered to exercise eminent domain, by purchase or condemnation,
create residual lots of lesser area, width or a combination thereof than required in the district, such
lots shall be treated as non - conforming lots and used as permitted in Article 8 of this Ordinance
(Non- conformities).
Low - Density Option
One of two approaches available for development in watershed overlay districts. Generally, the low -
density option relies on density and impervious surface limits to minimize the risk of water pollution.
Lowest adjacent grade (LAG)
The elevation of the ground, sidewalk, patio slab, or deck support immediately next to the building after
completion of the building.
Lowest floor
The sub floor, top of slab or grade of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an
area other than a basement area is not considered a building's lowest floor provided that such an
enclosure is not built so as to render the structure in violation of the applicable non - elevation design
requirements of this Ordinance.
Lumen
See Outdoor
Lighting, Lumen.
Luminaire
nlo +o l,nh +;nn ,s+orr that ;n 1,, +os a lan,n r lamps a, + a f +„r° See Outdoor Liphtinp, Luminaire
Orange County, North Carolina — Unified Development Ordinance Page 10 -22
Article 10: Definitions 31
Section 10.1: Definitions
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s) within the confines of a defined
Property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive - through bay, or parking deck
Outdoor Lighting, Cutoff Fixture
A fixture shielded or constructed in such a manner that no more than 2 '/% of the total light emitted by
the fixture is projected above the horizontal plane of the fixture.
Outdoor Lighting, Direct Light
Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of
a luminaire.
Outdoor Lighting, 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.
Outdoor Lighting, 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.
Outdoor 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.
Outdoor Lighting, Foot-candle (fc)
A unit of measure denoting of the intensity or amount of light falling onto a surface, equal to one lumen
per square foot and originally defined with reference to a standardized candle burning at one foot from a
given surface. Abbreviated Ic."
The amount of light falling onto a suFfane
Outdoor Lighting, Full Cutoff Fixture
A lighting fixture shielded or constructed and installed in such a manner that all light emitted, either
directly from the lamp or a diffusing element or indirectly by reflection or refraction from any part of the
fixture, is projected below the horizontal plane through the fixture's lowest light- emitting part.
fi.
ilutdOGr Lighting, Clare
nai ice annnvanne and in evtreme nacec nai icing momentary hlinrinecc 17
Outdoor Lighting, Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Outdoor Lighting, Lamp
The source of electric light: the bulb. To be distinguished from fixture and luminaire.
17 Staff is proposing to eliminate this definition as the term `Glare' is defined within the UDO already. The term
glare now applies to additional development issues not involving `outdoor lighting' or the regulation of lighting and,
as such, should not be construed as only having an outdoor lighting connotation.
Orange County, North Carolina — Unified Development Ordinance Page 10 -28
Article 10: Definitions 32
Section 10.1: Definitions
Outdoor Lighting, 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 IMTIAL initial lumen output ratings of a lamp.
Outdoor Lighting, Luminaire
^ eemplete lighting system that i ^lade^ ^ lamp Ew lamps ^Na ^ fi�iy e The complete lighting unit
or fixture consisting of a lamp, or lamps and ballast(s) when applicable, together with the parts designed
to distribute the light, including reflector, lens, or diffuser to position and protect the lamps, and to connect
the lamps to the power supply.
Outdoor Lighting - Mercury Vapor Luminaries
Lamps within which ultraviolet and yellowish -green to blue visible light is produced by an electric
discharge through mercury vapor
Outdoor Lighting, Semi -Cutoff Fixture
An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Outdoor Lighting — Sodium Vapor Luminaries
Lamps within which ultraviolet and yellowish- orange visible light is produced by an electric charge through
a small amount of sodium and neon gas. zu
Outdoor Lighting, Tube Lighting
Gas - filled glass tube, excluding common fluorescent tube bulbs, that becomes luminescent in a color
characteristic of the particular gas used, such as neon, argon, krypton, etc.
Outdoor Lighting, Upward
Projection of light above the horizontal plane.
Overlay Zoning District; Overlay Zone
A special zoning district that applies supplemental standards in addition to the underlying zoning
requirements.
Package Treatment Plant
Privately owned and operated sewage treatment facility. These plants are prefabricated by the
manufacturer and delivered as completed units to the clients.
Parking Deck
A special structure of two or more levels designed to be used for the temporary storage of motor vehicles.
Pedestrian /Landscape Ratio
This is the minimum square footage of pedestrian access and landscaped areas in a non - residential
development for each square foot of gross land area.
Pedestrian /Landscaped Space
" Staff modification to definition incorporating elements of from the Dark Sky model lighting ordinance as well as
standards from the Illuminating Engineering Society of North America [IESNA]
19 Staff had concerns over defining this specific classification of light source given we do not have definitions for all
lighting sources /fixtures. The Planning Board recommended the inclusion of the definition given they are
specifically prohibited from use within the UDO.
20 Added to address comments made at the September 5, 2012 ORC Planning Board meeting.
21 Definition recommended by the Planning Board at its October 7, 2009 regular meeting.
Orange County, North Carolina — Unified Development Ordinance Page 10 -29
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Attachment 3
Excerpt of Draft November 19, 2012
Quarterly Public Hearing Minutes
DRAFT
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
November 19, 2012
7:00 P.M.
The Orange County Board of Commissioners and the Orange County Planning Board
met for a Quarterly Public Hearing on Monday, November 19, 2012 at 7:00 p.m. at the Central
Orange Senior Center, Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Alice
Gordon, Barry Jacobs, Valerie Foushee, Earl McKee, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT: Pam Hemminger
COUNTY ATTORNEY PRESENT: Sahana Ayer
COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board
David Hunt (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Larry Wright, and Planning Board members
Pete Hallenbeck, Andrea Rohrbacher, Maxecine Mitchell, Tony Blake, Rachel Phelps Hawkins,
Alan Campbell, Johnny Randall, H.T. "Buddy" Hartley, Lisa Stuckey and Herman Staats
PLANNING BOARD MEMBERS ABSENT: Dawn Brezina
Chair Pelissier called the meeting to order at 6:59PM.
PENING REMARKS FROM THE CHAIR
Plann Board Chair Larry Wright said that the agenda items 1 -3 will be ' ' t items of the
Planning Boar d the Board of County Commissioners. Following item 3 e County
Commissioners wil discussing educational facilities and ordinance a ndments and the
Planning Board will not part of that discussion.
B. PUBLIC CHARGE
The Chair dispensed with t eading of the publi arge.
C. PUBLIC HEARING ITEMS
1. 2030 Comprehensive Plan d Unified velopment Ordinance (UDO) Text
Amendments and Zonin Atlas Amendments - To review government- initiated
amendments to the text the Comprehensive Plan an DO and to the Zoning Atlas in
order to establish tw ew zoning overlay districts in the Ef area.
46 Planner edita Holtz introduced this item and made a PowerPoint p
47 Comprehe ive Plan Text, Unified Development Ordinance Text, and Zoning
48 Amendjr6nts for Two New Zoning Overlay Districts in the Efland Area
49 Quajt6rly Public Hearing
33
34
1 Com ner Jacobs asked that after the meeting that Perdita Holtz give M is a
2 definitive answer.
3 A motion was made by Com ner Gordon, secon y Commissioner Foushee to refer
4 the matter to the Planning Board with a re recommendation be returned to the Board
5 of County Commissioners in time for t ruary , 3 BOCC regular meeting and adjourn
6 the public hearing until Febru , 013 in order to receive cept the Planning Board's
7 recommendation a submitted written comments.
8 VOT IMOUS
9
10 2. Unified Development Ordinance (UDO) Text Amendment - To review government -
11 initiated amendments to the text of the UDO in order to modify and clarify existing
12 regulations and definitions associated with the erection and use of outdoor lighting
13 facilities.
14
15 Michael Harvey presented this item and made a PowerPoint presentation.
16 NOVEMBER 19, 2012
17 QUARTERLY PUBLIC HEARING
18 AGENDA ITEM:C2
19 UDO TEXT AMENDMENT - OUTDOOR LIGHTING
20 BACKGROUND:
21 During the initial development of UDO, several suggested modifications were received
22 on changes to existing outdoor lighting regulations.
23 These suggestions were tabled for future consideration. Staff believes we have reached
24 a point where these amendments can be incorporated into the UDO.
25 This amendment also seeks to address concern over height limitations on athletic field
26 lights. Some believe existing height limits are too restrictive and create additional light
27 pollution on adjoining properties rather than eliminate it.
28 WHAT THIS PROPOSAL DOES:
29 Clarify existing regulations, including:
30 - Modify Section 6.11.1 Purpose and Intent to include language referencing the
31 County's interest is promoting nighttime visibility and curtailing light pollution.
32 - Modify Section 6.11.1 (E) to include language identifying the County's intent to
33 regulate outdoor lighting in an effort to `restore natural light cycles'.
34 - Incorporate new formatting changes to ensure the regulations are consistent with
35 the organizational rules of the UDO.
35
1 - Eliminate references to `watts' of a light fixture and ensure proper use of
2 terminology through the Section.
3 WHAT THIS PROPOSAL DOES:
4 Add new definitions of light trespass, mercury vapor luminaire, light pollution, etc. to
5 Article 10 as recommended during Phase 1 of the UDO.
6 Eliminate multiple definitions of the same term within Article 10 of the UDO. For
7 example we currently have `lamp' defined twice within the UDO. There is no need for
8 this duplication.
9 Address concerns expressed by Orange County Department of Environment Agriculture
10 Parks and Recreation (DEAPR) over height restrictions for athletic field lights.
11 ATHLETIC FIELD LIGHT ISSUE:
12 2 poles aimed at same aiming point but note difference in impact of spill and glare on
13 adjacent properties. Restricting mounting height aggravate, not improve, the impact of
14 spill and glare light
15 ORC COMMENTS:
16 • Ordinance Review Committee (ORC) meets to review this item on September 5, 2012.
17 • Made several recommendations with respect to modifying draft amendment package.
18 • Modifications were incorporated into draft text amendment by staff.
19 • ORC expressed concern over increasing outdoor athletic field light height limit but
20 understood the problem. Asked BOCC and staff for guidance.
21 STAFF COMMENTS:
22 • Proposed amendments make existing regulations easier to follow.
23 • Proposal addresses those items identified during initial development of the UDO.
24 • Staff sees compromise with respect to increasing height limits of athletic field lights
25 RECOMMENDATION:
26 1. Receive the proposed amendments.
27 2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
28 the proposed amendments.
29 3. Refer the matter to the Planning Board with a request that a recommendation be
30 returned to the BOCC in time for the January 24, 2013 BOCC regular meeting.
36
1 4. Adjourn the public hearing until January 24, 2013 in order to receive and accept the
2 Planning Board's recommendation and any submitted written comments.
3
4 Michael Harvey said that there was in -depth discussion when added height limits were
5 considered originally. There was an understanding that there might be some non - conformities
6 created that were legal at the time because there was not a height limit until two years ago. He
7 thinks that the height limit should be reexamined and increased.
8 Andrea Rohrbacher returned at 8:04 PM.
9 Commissioner Jacobs said that he respects the DEAPR staff analysis of the heights, but a
10 simple way to eliminate the subject would be to consult several neighboring jurisdictions about
11 lighting standards. He suggested looking at Durham and Chapel Hill's lighting standards to see
12 if there is some consistency. He suggested that if and when the Board approves whatever it is
13 going to approve, that staff communicate to the power companies that when bare bulb security
14 lights are replaced that the County ordinances will encourage shielded fixtures.
15 Commissioner Gordon made reference to pages 59 -60. She said that she would be hesitant
16 to increase the pole height. She is concerned about the rural areas. She would like to see
17 more empirical evidence.
18 Lisa Stuckey made reference to page 69 and the initial lumen. She asked why the light level
19 after it is warmed up would not be used.
20 Michael Harvey said that the initial lumen is an industry standard.
21 There was no public comment.
22 A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to refer
23 the matter to the Planning Board with a request that a recommendation be returned to the
24 BOCC in time for the January 24, 2013 BOCC regular meeting and adjourn the public hearing
25 until January 24, 2013 in order to receive and accept the Planning Board's recommendation and
26 any submitted written comments.
27 VOTE: UNANIMOUS
28
29 Unified Development Ordinance (UDO) Text Amendment(s) - To revie overnment-
30 1 ' ' ted amendments to the text of the UDO in order to make minor c ges that have
31 been s ested by the County's code vendor (MuniCode) as a r It of MuniCode's
32 legal review.
33
34
35 Perdita Holtz introduced this ite d made a P erPoint presentation.
36
37 Commissioner Foushee left at 8:14 P
38
39 Maxicene Mitchel left at 8: M.
40
41 Unified Developme rdinance Text Amendments
42 Resulting froll uniCode's Legal Review
43 Quarterly lic Hearing
44 Nove er 19, 2012
Excerpt of Approved Minutes Attachment 4
MINUTES
ORANGE COUNTY PLANNING BOARD
DECEMBER 5, 2012
REGULAR MEETING
MEMBERS PRESENT: Larry Wright (Chair), At- Large, Cedar Grove Township; Alan Campbell, Cedar Grove Township
Representative; Buddy Hartley, Little River Township Representative; Johnny Randall, At -Large Chapel Hill
Township; Dawn Brezina, Eno Township Representative; Tony Blake, Bingham Township Representative; Andrea
Rohrbacher, At -Large Chapel Hill Township; Lisa Stuckey, Chapel Hill Township Representative; Herman Staats, At-
Large Cedar Grove Township;
MEMBERS ABSENT: Peter Hallenbeck (Vice- chair), Cheeks Township Representative; Maxecine Mitchell, At -Large
Bingham Township; Rachel Hawkins, Hillsborough Township Representative;
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz;
Special Projects Coordinator; Marabeth Carr, DEAPR; Tina Love, Administrative Assistant II
HANDOUTS GIVEN AT MEETING Planning Board Rules of Procedure; Memo from DEAPR regarding outdoor lighting
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
Larry Wright introduced a new member, Herman Staats. He also reminded the Board of the attendance policy.
Agenda Item 8: Unified Development Ordinance (UDO) Text Amendment — To make a recommendation
to the BOCC on government- initiated amendments to the text of the LIDO in order to modify
and clarify existing regulations and definitions associated with the erection and use of
outdoor lighting facilities. This item was heard at the November 19, 2013 quarterly public
hearing
Presenter: Michael Harvey, Current Planning
Pete Hallenbeck submitted the following comments for the record:
Item 8: Outdoor Lighting
My only comment here is that perhaps the best description of the term 'Initial Lumens" would be the lumens of output
for a bulb as printed on the packaging for the bulb.
I would also note that I worked with Michael Harvey on these changes, and think they are acceptable.
Michael Harvey: Presented abstract for review.
Herman Staats: In this example was there light trespassing that could have been alleviated by aiming the lights or
shielding them, etc.
37
Michael Harvey: The lights were shielded because the permit was issued in compliance with this code and they
met all the applicable standards. If you are asking if the lights were taller, would it have addressed some of the
trespass issues, maybe.
Lisa Stuckey: If we recommend no height limit, would the language you have developed about trespass, etc. be
sufficient?
Michael Harvey: I would not have to amend this proposal other than to say the Planning Board is recommending
deletion of height limit standards beginning on page 61, 13213 in its entirety. I honestly have a little discomfort with
that but you have the ability to recommend deletion of the existing height limits to the BOCC.
Lisa Stuckey: It doesn't seem the height is the issue. The issue is the spread of the light.
Michael Harvey: Height can be an issue for lots of reasons. The overall height and angel of a light source
contributes to trespass.
Buddy Hartley: Would the 100 foot comply with the North Carolina High School Association.
Michael Harvey: 100 would be in line for what they recommend. Is it required, no.
Alan Campbell: The context with these heights in general, would this be typical with the special use permit at all or
permitted by right?
Michael Harvey: If you have a use requiring a special use permit and you choose or propose to erect outdoor lights
as part of the project, the light plan is reviewed and discussed at the time of permit review. In approving the
request the appropriate board would be, in effect, approving the erection of the lights as part of the overall
application. If the proposed land use is permitted by right then staff will be reviewing the request. There is no
standard in the ordinance, and I am certainly not advocating for this, requiring a special use permit solely for the
purpose of erecting outdoor lights or athletic field lights. It has been discussed previously at the elected official
level the need to examine land uses from the standpoint of urban versus rural intensities in an effort to identify the
appropriateness of a given land use for different areas of the County. There may be a need to investigate land
uses as a whole, as well as the accessory components of these various land uses, that would cause for a level of
intensity representing a more urbanesque amenity changing the overall impact of the land use on adjoining
properties.
Larry Wright: I would like to make a comment for Pete "My only comment here is that perhaps the best description of
the term "Initial Lumens" would be the lumens of output for a bulb as printed on the packaging for the bulb." What is
he saying?
Michael Harvey: There was a comment by Lisa during the public hearing concerning the definition of lumens. Staff
indicated we basically used industry standard definitions focusing on initial lumens, which is what Pete is referring to.
I think what we have in the definition is adequate.
Larry Wright: What do we need to do?
Michael Harvey: I would like to make a recommendation on the package. There are two areas we have discussed.
We have added some language to clarify when you have to make improvements to light fixtures, 6.11.2c. We also
need comments on the athletic field light issue and if the motion is to approve staffs recommendation we need you to
explain your rationale on why increasing the height of athletic field is reasonable or make a motion to modify what
staff has written to propose your own height limit or even delete it in its entirety.
Larry Wright: What are the feelings regarding height?
2
W
39
Alan Campbell: I didn't pick up that much negative sentiment from the BOCC at the meeting. I like what is being
proposed because it needs to address things we already have in place that aren't meeting the requirements. Also, I
believe in and agree that the notion of having a higher pole with more direct light will decrease trespass.
Lisa Stuckey: I would suggest we delete on page 61, c2b, the whole maximum height issue because I think it is
addressing the wrong issue.
Alan Campbell: I don't think you will get that approved. I'm all about getting something approved.
Lisa Stuckey: Should we do what we think they will do or what we think is right?
Alan Campbell: I don't want to see it bounced around for another year.
Tony Blake: 100 or 90 feet from ground?
Michael Harvey: It is intended to be from grade....
Johnny Randall: Is 100 feet high enough?
Michael Harvey: I believe so. We haven't had a height limit until two years ago so you aren't going to see anything
consistent with this height limit.
Tony Blake: It's not really 100 feet in relation to the grade of the person that might complain. It is 100 feet from
whatever the topography of the land is. I don't see how this is a consistent application.
Larry Wright: I would like to ask the question regarding Lisa's statement.
100 feet does not address the issue. Let's say you have the 100 feet limit.
question?
Lisa Stuckey: The issue is light trespass.
Larry Wright: What in here takes care of the issue?
I would like to hear the argument that the
What do we have that addresses the
Michael Harvey: You still have to comply with the minimum foot candle at property line which we reduced three
years ago. You still have other standards in here.
Larry Wright: Can I have a motion?
Herman Staats: I also agree that if the light trespass is addressed by the lumens, height is a separate issue that may
or may not be related but I also agree that since this is there that the height is increased that is somewhat of a
compromise.
Michael Harvey: This talks about outdoor sports fields, outdoor performance lighting.
Buddy Hartley: I agree that the 100 foot is for that purpose.
Alan Campbell: I know we didn't have a height restriction until a few years ago but during the daytime, I don't want to
see a 200 foot whatever you could do right down the road from my house so I factor that in.
Johnny Randall: The number of lumens, the brightness of the bulb, has to be greater with a higher pole, right?
Michael Harvey: Not necessarily. The problem is that when you have a smaller pole, the light has to be at a much
greater angle to spread on the property or you have to install potentially a higher spread.
W
MOTION by Alan Campbell to approve the height recommended by staff.
Seconded by Buddy Hartley
VOTE: Passed (7 -2; Stuckey, Blake opposed)
Larry Wright: Dissenting opinions please.
Lisa Stuckey: I would have no limit. I think other language concerning the spread of light is sufficient and I can
foresee the same issues arising but I get what Alan is saying as well. It seems the spread issue is more of a problem
that the height issue. I think the real issue is whether the use would be permitted in the areas at all.
Tony Blake: I agree with Lisa and given the topography differences, 100 feet isn't necessarily 100 feet given where it
might be located. I think it is a solution in search of a problem.
Larry Wright: Dissenting opinions are very important and I thank each of you very much.
MOTION by Johnny Randall to approve as submitted.
Seconded by Buddy Hartley.
VOTE: Unanimous
rd
Attachment 5
Department of Environment,
Agriculture, Parks & Recreation
December 2, 2012
To: Craig Benedict, AICP, Planning and Inspections Director
Michael Harvey, AICP, Current Planning Supervisor
From: David Stancil, AICP, Director, Department of Environment, Agriculture,
Parks & Recreation
Date: December 2, 2012
Re: Proposed UDO Changes Re Outdoor Lighting
Thank you for the opportunity to provide feedback on proposed changes to the
Unified Development Ordinance related to outdoor lighting.
From our Commission for the Environment discussions several years ago, we
certainly understand and support the goals of ensuring that outdoor lighting does
not create light shields and unnecessary illumination of the night sky in our rural
areas.
At the same time, however, our department also operates parks which include
playing fields used by a wide variety of public and non - profit entities for athletic
programs and sports play, and these fields have certain needs that may be
negatively- impacted by a height limitation of 60 -feet.
In keeping with field lighting and safety standards for sports activities, many of
our parks include light standards that are 70 feet in height (90 -100 feet at the
Eurosport Soccer Center). New parks that are planned in rural under - served
areas of the County would likely have lighted fields when constructed in coming
years. A 60 -feet height limitation, combined with footcandle value restrictions at
the property line, would eliminate the possibility of the County installing lighting at
these future parks. These fields would also be ineligible to host Little League or
similar organization sanctioned play, as they would not meet their minimum pole
standards. Other parks may have to be redesigned to accommodate extra
lighting that would be necessary.
Orange County Department of Environment, Agriculture, Parks & Recreation
PO Box 8181
Hillsborough, NC 27278
Phone: (919) 245 -2510
Fax: (919) 644 -3351
41
42
In addition to the need for 70 -100 feet of height to adequately light for sports
standards, there is an associated safety concern — which is the primary reason
for light level standards. Adequate lighting is necessary to ensure the safety of
players who may not be able to see their target as well as they should, and to
light corners of fields that are already challenging to light without raising the light
levels even further all across the fields. A light pole of less than 70 feet will not
meet many organization's minimum standards'.
Lighting standards at locations like Eurosport Soccer Center and the future
Millhouse Road Park requires some poles to be as high as 100 -feet (on the
championship field) and 90 -feet. Soccer fields require higher footcandle levels
due to the vision - critical play that occurs in the corners of the field. Soccer
complexes provide economic development benefits as an attraction for
tournaments and other events, and this ability would be lost with a lowered height
restriction.
Finally, while we understand the intention of lowering pole height, and that this
may seem to improve glare and light spillage, it actually may do more harm than
good. As shown in the attached diagram, restricting the pole height would
effectively increase glare and light spillage. The lower the pole, the farther the
lights must shine horizontally to reach their target — increasing the spread of the
light. Higher poles allow the light to be targeted downward reducing light spillage.
We would suggest that the Planning Board and Planning staff consider applying
special standards in the UDO with the provision for higher light poles as
described herein for public parks and schools. The proposed 60 -feet height limit
will create lighting inadequacies that make new fields unable to be lit for their
planned needs, unusable for many sanctioned sports activities, and create safety
issues for players on these facilities who may not have adequate visibility to
safely conduct their games. This may pose risk management issues for the
County were such a change to be implemented.
There are additional reports and studies in support of this recommendation.
Please let me know if we may provide more information to this purpose.
Thank you.
Copies: Parks and Recreation Council
Commission for the Environment
Michael Talbert, Assistant County Manager
This also may be an issue for the schools, as North Carolina High School Athletic Association
also has lighting safety standards that member schools must adhere to. Depending on the
proximity of fields to property lines, future schools may have difficulty meeting these standards.
Orange County Department of Environment, Agriculture, Parks & Recreation
PO Box 8181
Hillsborough, NC 27278
Phone: (919) 245 -2510
Fax: (919) 644 -3351
Staff Note: These illustrations were provided to Planning staff
after the December 5, 2012 Planning Board Meeting. The
Planninq Board did not review these illustrations
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