INTRODUCTION

This petition provides a report from the Planning Board regarding the lighting regulations of the Land Use Management Ordinance. The Board unanimously recommends that the Council call a Public Hearing to consider changes to the Land Use Management Ordinance lighting provisions to provide additional restrictions regarding upward lighting pollution.

BACKGROUND

On November 9, 2004, the Planning Board received a report from staff which provided information comparing Chapel Hill and Orange County lighting regulations. The report was provided in response to a request by the Planning Board to provide a comparison of the Chapel Hill lighting regulations and the Orange County lighting regulations. A copy of the Summary Chart is attached. We have also attached excerpts of the lighting regulations from each jurisdiction.

The Summary Chart highlights a key difference between Chapel Hill’s lighting regulations and Orange County’s regulations: Although Chapel Hill’s regulations more strictly regulate spill-over lighting on adjacent properties, Orange County regulations provide more detail for protection against upward lighting pollution.

RECOMMENDATION

The Planning Board recommends that the Town Council consider calling a Public Hearing to review changes to the Land Use Management Ordinance lighting provisions which would provide additional restrictions regarding upward lighting pollution.

ATTACHMENTS

1. Summary Chart (p. 2).

2. Chapel Hill Lighting Regulations (p. 5).

3. Orange County Lighting Regulations (p. 15).

SUMMARY

CHART

Orange County

Lighting Regulations

Town of Chapel Hill

Lighting Regulations

Terms which are Defined

by the

Regulations

AASHTO,
cutoff fixture,
direct light,
fixture,
flood lamp,
floodlight,
footcandles,
full cutoff fixture,
glare,
holiday decoration,
lamp,
lumen,
luminaire,
semi-cutoff fixture,
upward.

Cutoff,
cutoff angle,
cutoff light,
foot-candle,
glare
light source
lumen
non-cutoff light

Applicability

Outdoor lighting on public or private property.

The regulations apply to roadway lighting. ASSHTO requirement must be met.

Any outdoor lighting around buildings, recreation areas, parking areas, walkways, drives, or signs.

The regulations of the Land Use Management Ordinance do not apply to roadway lighting. The Town works cooperatively with Duke Power Company to install public street lighting in Town limits.

Exemptions

Lighting lawfully installed prior to the date of ordinance,
single family residence,
agricultural,
traffic control signals,
emergency, vehicle, navigation lights,
low-wattage holiday decorations (60 days),
security lighting controlled by motion sensor,
roadway lighting installed prior to the effective date of the standards unless the fixture or the lamp is replaced.

Lighting lawfully established or for which a vested right has been established,
Traffic directional or regulatory signs by the government,
roadway lighting in a public right-of-way

Submittal requirements

Plans submitted with site or preliminary plan documents.

Photometric data provided by the Manufacturer is required.

Manufacturer information describing luminaries is required.

Detailed Lighting Plan with isolux contour diagram and grid points, with measured and calculated foot-candles, must be submitted with each application for a Zoning Compliance Permit (except for single-family or two family dwellings).

Lighting Plans must be sealed by a Professional Engineer with demonstrable expertise in lighting design and mitigation strategies, or a lighting specialist who is Lighting Certified by NCQLP.

Most Special Use Permits required Community Design Commission or Historic District Commission approval of a Lighting Plan.

General Standards

Footcandles (Increases in illumination at the property line must not result in lighting levels in excess of 0.5 foot-candles for residential development and 1.0 for nonresidential),
flood lights, (allowed if not facing upward or toward a road or residential property),
floodlighting, flood lamps (allowed with full cutoff fixtures),
mounting heights (36’ limit, except for outdoor sports field lighting),
wall pack fixtures must be cutoff fixtures,
light shielding required,
temporary outdoor lighting,
upward flagpole lighting allowed for national and state flags with maximum lumen output at 1,300 lumens per flagpole,
damaged interior-lighted signs or ones where the face of the sign has been removed are not allowed.

Footcandles (Increases in illumination on off-site property must not result in lighting levels in excess of 0.3 foot-candles)
Flood lights and floodlighting not permitted,
mounting heights (15’ limit for non-cutoff lights, 35’ for full cutoff lights),
buildings, streets, and passageways (sufficient lighting required for safety of residents and security of a building)

Specific Lighting Standards

Parking lots and outdoor areas,
vehicular canopies required recessed fixtures or flush fixtures,
outdoor display areas, buildings and landscaping
Outdoor Sports Field/Outdoor Performance Areas (glare control package required – no height limit specified, hours of operation limited to 11pm unless the event was in progress before 11pm)

Parking areas,
Sports and Athletic Fields (glare control package required if authorized as part of a Special Use Permit),
Car wash (no outdoor lighting other than ground level lighting allowed after 10 or 11 pm depending on the day of the week, if authorized as part of a Special Use Permit),
Internally illuminated signs must reduce allowable square footage by one-half.

Prohibitions

Laser source light or other high intensity lights projected above the horizon,
searchlights for advertising,
lighting off-site advertising,
mercury vapor except for single family residence

Searchlights for advertising (regulated by sign provisions),
Off-site advertising not permitted.

Prepared by the Chapel Hill Planning Department 11/03/04