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HomeMy WebLinkAboutAgenda - 02-24-2003-c1a~~~ ORANGE COUNTY BOARD OF COMMISSIONERS and PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: February 24, 2003 Action Agenda Item No. C.1.a SUBJECT: Outdoor Lighting Standards Zoning Ordinance Amendment DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): Proposed Ordinance INFORMATION CONTACT: Craig Benedict, Director, ext. 2592 Robert P Davis, Planner III, ext. 2580 Carla Thames, Planner I, ext. 2603 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive public comment on the proposed Outdoor Lighting Standards in the Zoning Ordinance BACKGROUND: Presently, the Orange County Zoning Ordinance does not have any outdoor lighting standards for new or existing development. Generally, the lighting information that the County reviews has been submitted as part of the site plan approval, limiting oversight to those projects requesting a construction authorization. As development and population numbers increase in the County an effective lighting standards ordinance that reflects community values can be an important component in helping to maintain a high quality of life. On occasion, the Planning Department receives complaints that specific lights exceed the brightness necessary to accomplish a particular task. Without clear standards, enforcement action is limited. In these cases, persuasion is the chief enforcement tool and generally has a low rate of success. More recently, there have been concerns about the general loss of darkness during the nighttime hours. `Light Pollution', the common term for sky glow, adversely affects astronomical observations of stars and also reduces nocturnal activities of various nighttime species. Without effective regulations, the detrimental aspect of wasteful, intrusive lights will continue to reduce darkness at night. G:currentplanning/carla/outdoorlightingstandards/abstract VV~ Another often-overlooked economic benefit of having outdoor lighting standards is the energy efficiency savings realized. Many of the most commonly used lights are expensive to install initially, plus have higher operating costs ongoing. Outdoor lighting standards that promote the use of efficient, yet adequate lighting can result in substantial cost savings for the private sector, while simultaneously promoting energy conservation. Finally, properly installed and maintained lighting acts as a deterrent to crime and will result in increased security for residents, businesses and visitors in Orange County. Develoament Process, Schedule and Action • Public Hearing on February 24, 2003. RECOMMENDATION(S): Planning Staff recommends APPROVAL of the proposed Amendment. Administration recommends referring the proposed amendment to the Planning Board for a recommendation to be returned to the Board of County Commissioners no sooner May 20, 2003. G:currentplanning/carla/outdoorlightingstandards/abstract oo~ An Ordinance Amending the Zoning Ordinance Of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Zoning Ordinance is hereby amended as follows: Section 1. ZONING ORDINANCE. Amend Table of Contents, Article VI to add new provisions entitled "Outdoor Lighting Standards" and to identify it as Section 6.31 with corresponding subheadings and nomenclature as specified in this Ordinance amending the Zoning Ordinance of Orange County. Section 2. ZONING ORDINANCE. Amend Article 6 by adding a new requirement to read as follows: 6.31 Outdoor Lighting Standards 6.31.1 Purpose and Intent A. Outdoor lighting is provided for a variety of purposes to the benefit of modern society. For work or recreation, it enables people to see essential detail in order that they may undertake their activities at night. It facilitates the safety or security of persons or property, for example through lighting on roads and pathways. It may be used to emphasize features of architectural or historical significance, and to light parks and gardens. It is used for advertising or display to promote products or services, or to call attention to commercial premises by means of area lighting or signs. B. It is the intent of this ordinance to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures and lighting systems are designed, constructed, and installed to maintain safety, security and productivity, and curtail the degradation of the nighttime visual environment. 6.31.2 Definitions Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that no more than two and one half (2 'h) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. o ~ ~ 4 Direct Light: Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of a luminaire. Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Flood Lamp: A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight: A form of lighting designated to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. Footcandle: (fc) The illuminance measured one (1) foot from a one (1) candela source. Full Cutoff Fixture: An outdoor lighting fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Fully Shielded: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and, in extreme cases, causing momentary blindness. IESNA: The Illuminating Engineering Society of North America, a non-profit professional organization of lighting specialists that has established recommended design standards for various lighting applications. Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. Lumen: A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this 5 ~~ Ordinance, the lumen-output values shall be the INITIAL lumen output ratings of a lamp. Luminaires A complete lighting system that includes a lamp or lamps and a fixture. Semi-Cutoff Fixture: An outdoor fixture shielded or constructed in such a manner that it emits no more than five (5) percent of its light above the horizontal plane of the fixture, and no more than twenty (20) percent of its light ten (10) degrees below the horizontal plane of the fixture. 6.31.3 Applicability A. All nonresidential outdoor lighting fixtures installed on private or public property shall apply except as stated in Section 6.31.4. B. Ail outdoor lighting fixtures existing and legally installed and operative before the effective date of this ordinance are exempt from these requirements. When existing lighting fixtures become inoperable, their replacements are subject to all the provisions of the Outdoor Lighting Standards. C. Compliance with this Section shall be administered by the Orange County Planning Department. D. In the event of a conflict with any other section of this article, the more stringent requirement shall apply. 6.31.4 Exemptions The following are exempt from the provisions of the Outdoor Lighting Standards: A. Any lighting used for single family residential or bona fide agricultural purposes. B. Traffic control signals and devices. C. Streetlights installed prior to the effective date of the adoption of this provision. D. Temporary emergency lighting (i.e. fire, police, repair workers, etc.). E. Moving vehicle lights. (-QU 6 F. Navigation lights (i.e. airports, heliports, radio/television towers, etc.). G. Seasonal decorations with individual lights in place no longer than 60 days. H. Security lights of any wattage that are controlled by a motion-sensor switch, do not remain on longer than 12 minutes after activation, and do not exceed 150 watts (2200 lumens). 6.31.5 Submittal Requirements A lighting plan shall be submitted with site plan or preliminary plan approval documents. The plan shall contain the following information: A. Plans showing the location, type, and height of luminaries including both building and ground fixtures; 6. A 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; C. Photometric data, such as that furnished by the manufacturer, showing the angle of light emission; and D. Additional information as may be required by the Planning Department in order to determine compliance with this Section. 6.31.6 General Standards For All Areas: A. Unless otherwise specified, the maximum light level shall be 0.5 footcandle at any residential property line and 1.0 footcandle at any non-residential property line. B. Ali flood lights shall be installed such that the fixture shall be aimed down at least forty-five (45) degrees from vertical, or the front of the fixture is shielded such that no portion of the light bulb extends below the bottom edge of an external shield. C. Any facilities that require floodlighting may not arrange the light in such a way that it will shine towards ~~0 roadways, onto adjacent residential property or into the night sky. D. All flood lamps emitting 1,000 or more lumens shall be aimed at least sixty (60) degrees down from the horizontal, or shielded such that the main beam from the light source is not visible from adjacent properties or the public street right-of-way. E. All wall pack fixtures shall be cutoff fixtures. F. All lights shall be shielded in such a way as to direct light towards the Earth's surface and away from reflective surfaces, except as expressly exempted from the provisions of these regulations. G. Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light above the horizontal plane through the lowest direct-light- emitting part of the luminaire. H. Any temporary outdoor lighting that conforms to the requirements of this Section shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the Planning Director after considering: 1) the public and/or private benefits that will result from the temporary lighting, 2) any annoyance or safety problems that may result from the use of the temporary lighting, and 3) the duration of the temporary nonconforming lighting. I. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of the Orange County Outdoor Lighting Standards will be adhered to. The required Lighting Plan and associated documents shall be submitted and approved by the Planning Department prior to installation of any regulated lighting. J. Upward flagpole lighting is permitted for. governmental flags only, and provided that the maximum lumen output is 1300 lumens. Flags are encouraged to be taken down at sunset to avoid the need for lighting. ~~ K. 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. L. Any light fixture must be placed in such a manner that no light emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level. 6.31.7 Lighting in Parking Lots and Outdoor Areas A. Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures shall be cutoff fixtures. B. The mounting height of all outdoor lighting, except outdoor sports field lighting and outdoor performance area lighting, shall not exceed thirty-six (36) feet above finished grade. C. Any light fixture must be placed in such a manner that no light emitting source surface is visible from any residential area or public/private roadway. 6.31.8 Lighting for Vehicular Canopies Areas under a vehicular canopy shall have a maximum point of horizontal illuminance of twenty-four (24) maintained footcandles (fc). Areas outside the vehicular canopy shall be regulated by Section 6.31.5. acceptable methods include one or more of the following: A. Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy. 6. 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 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 9 that direct illumination is focused exclusively on the underside of the vehicular canopy. E. Other method approved by the Planning Director. 6.31.9 Outdoor Sports Field/ Outdoor Performance Area A. The mounting height of outdoor sports field and outdoor performance area lighting fixtures shall not exceed sixty (60) feet from finished grade unless approved by the Planning Director after receipt of sufficient evidence indicating the need for additional height. B. All outdoor sports field and outdoor performance area lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixtures must be aimed so that heir beams are directed and fall within the primary playing or performance area. C. The hours of operation for the lighting system for any game or event shall not exceed on hour after the end of the event. 6.31.10 Lighting of Outdoor Display Areas A. Top mounted fixtures 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. B. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred, to minimize detrimental effects. Unless conforming to the above dark background preference, total lamp wattage. per property shall be less than 41 watts. C. Compliance Limit. Existing outdoor advertising structures shall be brought into compliance within three (3) years from the date of adoption of this provision. ~~~ 10 ~~~ D. Prohibitions. Electrical illumination of outdoor advertising off-site signs between the hours of 11:00 p.m. and sunrise is prohibited. 6.31.11 Lighting of Buildings and Landscaping. Lighting fixtures shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building fagade, plantings, and away from adjoining properties, public or private rights-of-way, and the night sky. 6.31.12 Prohibitions A. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizon, is prohibited. B. The operation of searchlights for advertising purposes is prohibited. C. Electrical illumination of outdoor advertising off-site signs is prohibited. D. Use of mercury vapor luminaires is prohibited. 6.31.13 Severability Should any section, clause or paragraph of this Section be declared by court of competent jurisdiction to be invalid, the same will not affect the validity of the Ordinance as a whole or part hereof other than the part declared to be invalid. 11 X11 Section 3. This ordinance is effective upon its adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" be adopted. Upon motion of Commissioner Commissioner seconded by the foregoing ordinance was adopted this day of , 2003. 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 , 2003 as relates in any way to 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 2003. SEAL Clerk to the Board of Commissioners ~) ~