HomeMy WebLinkAboutOrdinance 4714 • 1 •
ORDINANCE NO. 4714
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE, OF THE CODE OF FAYETTEVILLE, TO
PROVIDE FOR THE REGULATION OF OUTDOOR LIGHTING
INSTALLATIONS.
WHEREAS, unnecessary and improperly designed light fixtures cause
glare, light pollution, and wasted resources; and,
WHEREAS, glare and light pollution can result in: hazardous circulation
conditions for all modes of transportation; the diminishing ability to view the
night sky; light trespass into residential neighborhoods; and unattractive
townscape; and,
WHEREAS, the City of Fayetteville desires to protect the health, safety
and welfare of the general public, and to protect the night sky that adds to the
quality of life of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 151 : Definitions, Unified Development Ordinance,
Code of Fayetteville is hereby amended by inserting Exhibit "A" attached hereto
and made a part hereof.
Section 2. That Section 156.03(C), Unified Development Ordinance, Code
of Fayetteville is hereby amended by inserting the following:
§156.03 DEVELOPMENT.
C. Consideration By The Planning Commission.
7. Outdoor Lighting Plan.
a. Undue Hardship. So that substantial justice may be done and
the public interest secured, a developer may petition the Planning Commission
for a variance from the requirements of Chapter 176: Outdoor Lighting, by
showing that their strict application would cause undue hardship as applied to
the proposed development; provided that such variance shall not have the effect
of nullifying the intent and purpose of the chapter.
b. Conditions. In granting variances, the Planning Commission
may impose such conditions as will, in its judgment, secure substantially the
objectives of the requirements so varied.
Section 3. That Title XV: Unified Development Code, Code of Fayetteville,
is hereby amended by inserting Chapter 176: Outdoor Lighting, a copy of which
marked Exhibit "B" is attached hereto and made a part hereof.
Section 4. That Title XV: Unified Development Code, Code of Fayetteville,
is hereby amended by inserting "Outdoor Lighting Fixture Examples," a copy of
which marked Exhibit "C" is attached hereto and made a part hereof.
PASSED and APPROVED this 21St day of June, 2005.
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E ; FAYETr ILLE ' = By;
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5 '`? DAN GOODY, Mayo
ATTEST: vGTON ��W
By:
S NDRA SMITH, City Clerk
0
EXHIBIT "A"
To be inserted at Chapter 151 : Definitions, Unified Development Ordinance:
DEFINITIONS.
1 . Lamp or Bulb (Outdoor Lighting) means the light producing source
installed in the socket portion of a luminaire.
2. Luminaire or Fixture (Outdoor Lighting) means a complete lighting unit
including the lamps or bulbs, together with the parts required to distribute the
light, to position and protect the lamps, and to connect the lamps to the power
supply.
3. Light Pollution (Outdoor Lighting) means general sky glow caused by
the scattering of artificial light in the atmosphere and resulting in decreased
ability to see the natural night sky.
4. Glare (Outdoor Lighting) means the brightness of a light source that
causes eye discomfort.
5. Shielding (Outdoor Lighting) means that no part of the lamp or bulb is
visible below the horizontal plane of the fixture where light is emitted. The lamp
or bulb shall be completely enclosed within the fixture. The top and sides of the
fixture above the horizontal plane shall be 100% opaque.
7. Accent Lighting (Outdoor Lighting) means any directional lighting
which emphasizes a particular object or draws attention to a particular area.
8. Spotlight or Floodlight (Outdoor Lighting) means any lamp that
incorporates a reflector or a refractor to concentrate the light output into a
directed beam in a particular direction.
0 •
EXHIBIT "B"
Chapter 176 article.
Outdoor Lighting D. Compliance with this ordinance
shall be administered by the City of
§176.01 PURPOSE. This chapter is Fayetteville Planning Department.
intended to:
E. In the event of a conflict with
A. Protect the privacy of property any other section of this article, the
owners by limiting the potential for glare more stringent requirement shall
and light trespass from outdoor lighting apply
fixtures located on adjacent properties; §176.03 EXEMPTIONS.
B. Protect drivers, pedestrians, The following are exempt from the
senior citizens, and the visually impaired provisions of this ordinance:
from the glare of non-vehicular light
sources that can impair safe travel; A. Single and two-family residential
uses.
C. Promote efficient and cost
effective lighting; B. Street lights.
D. Allow for flexibility in the style C. Navigation lights (i.e. airports,
of light fixtures; heliports, radio/television towers).
E. Reduce atmospheric light D. Seasonal decorations with
pollution. individual lights in place no longer than
60 days.
§176.02 APPLICABILITY. E. Other special situations approved
A. All outdoor lighting fixtures by the City for temporary or periodic
installed on private and public events (i.e. parades, festivals, etc.)
property after the effective date of F. Security lights of any wattage that
this ordinance shall comply. This are controlled by a motion-sensor switch
ordinance shall not apply to single or and which do not remain on longer than
two family residential dwellings. 12 minutes after activation.
B. All outdoor lighting fixtures
existing and legally installed and G. Flags displaying national, state, or
operative before the effective date of local governmental bodies. Flags
this ordinance are exempt from these advertising businesses are not exempt
from the provisions of this ordinance.
requirements unless they are
determined to create a disabling
glare as defined by this ordinance. Decorative street lighting located
within the Downtown Master Plan
C. When an existing fixture is boundary.
replaced, the replacement fixture
shall meet the requirements of this I. Fossil fuel lighting.
• EXHIBIT "B"
J. Spotlighting on landscaping and Examples of acceptable and
foliage utilizing incandescent lamps or unacceptable light pollution
bulbs of not more than 150 watts. control shielding and hooding are
shown in exhibit "C," attached
§176.04 SUBMITTALS. herein.
A. Applications for building permits B. The hood or shield shall mask the
or applications for review by the direct horizontal surface of the
Planning Commission which include light source. The light shall be
the installation of outdoor lighting aimed to insure that the
fixtures for new construction, shall illumination is only pointing
provide evidence of compliance with downward onto the ground
the requirements of this ordinance. surface.
The submittal shall contain the
following information and shall be C. Existing fixtures may be adapted
submitted as part of the site plan to to comply with this ordinance by
the Planning Department. adding a properly designed hood
or shield, or by pointing any
B. 1 ) Plans indicating the location, upward-mounted, shielded
type, and height of the luminaire fixture downward onto the
including both building and ground ground surface.
mounted fixtures;
D. All outdoor lighting fixtures shall
2) A description of the luminaire, be designed, installed, located
including lamps, poles or other and maintained such that all
supports and shielding devices, direct illumination is kept within
which may be provided as catalogue the boundaries of the fixture
illustrations from the manufacturer; owner's property.
3) Photometric data, such as that E. This section may be enforced on
furnished by the manufacturer; and the basis of a formal complaint
filed in with the Planning
4) Any additional information as Department.
may be required by the City Planning
Department in order to determine F. Accent lighting, when so
compliance with this Ordinance. approved, shall be directed
downward onto the building or
§176.05 GENERAL STANDARDS object and not toward the sky or
onto adjacent properties.
The following standards shall apply
to all outdoor lighting installed after G. Sports Field Lighting shall be
the effective date of this ordinance, designed in accordance with
which is not exempted above: IESNA standards located in
IESNA RP 6-01 "Sports and
A. Outdoor lighting shall be hooded, Recreational Area Lighting."
shielded, and aimed downward.
0 0
Exhibit "C" - Outdoor Lighting Fixture Examples.
MODIFYING EXISTING FIXTURES
NOT PERMITTED PERMITTED <1auv 77d3_.
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Typical "Wail Peck Fixture Typical "Shoe Box Fixture"
♦ / i \ I i \
♦ , / „ '' / ter _
Typical "Barn Ughr Opaque Retractor (lamp inside( _ / / r i
Area Rood Ugh . Area Flood Ught Win Hood/Shield
ExhNOT" - Outdoor Lighting Fixture Examples.
NOT PEILNITTED
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City Councioeting of June 7, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO Pyr 1 fw2 xV/
door I gi4i n5
To: Mayor and City Council
Through: Gary Dumas, Director of Operations
From : Tim Conklin, Planning and Development Management Director
Date: May 20, 2005
Subject: Ordinance amending Title XV : Unified Development Code, to provide for
the regulation of outdoor lighting installations.
RECOMMENDATION
The Planning Commission on May 9, 2005 voted 8-0 to recommend to City Council the
approval of Chapter 176: Outdoor Lighting and attached exhibits.
BACKGROUND
In recent years concerns have been raised in the community regarding the installation and
operation of outdoor lighting at commercial, industrial, and multi-family residential sites.
Obtrusive aspects of outdoor lighting in the form of glare, trespass, energy waste, and sky
glow can be effectively managed with consideration to the design, installation, and use,
of outdoor lighting fixtures. Staff has researched the use of outdoor lighting ordinances
by other communities and has drafted an ordinance that we feel will effectively address
these issues with minimum additional staff workload.
Planning staff supports the adoption of Chapter 176: Outdoor Lighting and believes
that it will address the adverse impacts associated with improperly designed and installed
lighting fixtures. Additionally, this ordinance will provide a mechanism to achieve goals
outlined in Section 9. 12 of Fayetteville's General Plan 2020 which guides policies for
neighborhood commercial areas. Specifically, section 9. 12b states "Protect adjoining .
properties from the potential adverse impacts associated with commercial uses adjacent
to and within residential areas with proper mitigation measures that address scale and
massing, traffic, noise, appearance, lighting, drainage, and effects on property values".
A good outdoor lighting ordinance works to achieve this policy.
BUDGETIMPACT
Budget impact is expected to be minimal.
ORDINANCE NO,
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE, OF THE CODE OF FAYETTEVILLE, TO
PROVIDE FOR THE REGULATION OF OUTDOOR LIGHTING
INSTALLATIONS. %}
WHEREAS, unnecessary and improperly degigneq ligh cause
glare, light pollution, and wasted resources; and,
WHEREAS, glare and light polluti \ result u1: 6 arious circulation
conditions for all modes of transportation t�iediminishi g ability to .view the
night sky; light t espa into c residen�tj I hei hborJli!00) s; and una tractive
townscape; d,
I
4VHE E the ity� o� Fayette "Ile dentes o protect the health, safety
and w, .Ifare of th gene al • ublic, and protect the night sky that adds to the
quality of life o/Jf th City:
NOW T ' ERE »4RE, BE IT ORDAINED BY THE CITY COUNCIL OF
�.
THE ITY OF AYETTEVILLE, ARKANSAS:
ection 1. That Chapter 151 : Definitions, Unified Development Ordinance,
Code of Fayetteville is hereby amended by inserting Exhibit " A" attached hereto
and made a part hereof.
Section 2. That Section 156.03(C), Unified Development Ordinance, Code
of Fayetteville is hereby amended by inserting the following:
§156.03 DEVELOPMENT.
C. Consideration By The Planning Commission.
7. Outdoor Lighting Plan.
a. Undue Hardship. So that substantial justice may be done and
the public interest secured, a developer may petition the Planning Commission
for a variance from the requirements of Chapter 176: Outdoor Lighting, by
showing that their strict application would cause undue hardship as applied to
the proposed development; provided that such variance shall not have the effect
of nullifying the intent and purpose of the chapter.
b. Conditions. In granting variances, the Planning Commission
may impose such conditions as will, in its judgment, secure substantially the
objectives of the requirements so varied.
Section 3. That Title XV: Unified Development Code, Code of Fayeft0illeU�
is hereby amended by inserting Chapter 176: Outdoor Lighting,-a• copof which
y'�
marked Exhibit "B" is attached hereto and made a part here I I
Section 4. That Title XV: Unified Development Cod Code of Fayetteville,
is hereby amended by inserting "Outdoor Llighting Fixtur" Exa Iples," a; copy of
r .
which marked Exhibit C" is attached here
` a d made a par rgeof. ,
PASSED and- PROVE^ this 7w ;f une, 2005rQM 1
PROV -
Y:
DAN COODY, Mayor
i
A T:
B y��`
SONDRA SMITH, City Clerk
r
EXHIBIT "A"
To be inserted at Chapter 151 : Definitions, Unified Development Ordinance:
DEFINITIONS.
1 . Lamp or Bulb (Outdoor Lighting) means the light producing source
installed in the socket portion of a luminaire.
2. Luminaire or Fixture (Outdoor Lighting) means a complete lighting unit
including the lamps or bulbs, together with the parts required to distribute the
light, to position and protect the lamps, and to connect the lamps to thepow r
supply. ,
3. Light Pollution (Outdoor Lighting) means genera ky�o caiis� d by
the scattering of artificial light in the atmosphere and k ulting in deer ased
ability to see the natural night sky.
4. Glare (Outdoor Lighting) means;, rightness a 'l-i ht sourc' that
g- g) g g
causes eye discomfort. ar _
5. ' bli g Glar, utLigh ' ; tea vs ightin `^ ' at impairs visibility
and ere 'te to ria y az ` ous situ ion for ,ith " edestrians or motorists.
6. ShieldiOulfd or i g�ting,)� . ans that no light rays are emitted by a
fix above th horiz ntal pI running through the lowest point of the
fix i, where lig Ls t' tt d. The bulb is not visible and no light is emitted from
the Sires of It e"ixI so considered a full-cutoff fixture.
ccent Lighting (Outdoor Lighting) means any directional lighting
wliic emphasizes a particular object or draws attention to a particular area.
8. Spotlight or Floodlight (Outdoor Lighting) means any lamp that
incorporates a reflector or a refractor to concentrate the light output into a
directed beam in a particular direction.
0
Exhibit `B"
Chapter 176 shall meet the requirements of this
article.
Outdoor Lighting
D. Compliance with this ordinance
shall be administered by the City of
§176.01 PURPOSE. This chapter is Fayetteville Planning Department.
intended to:
E. In the event of a conflict with
A. Protect the privacy of property any other section of this article, the
owners by limiting the potential for glare more stringent requirement shall
and light trespass from outdoor lighting apply.
fixtures located on adjacent properties;
§176.03 EXEMPTIONS.
B. Protect drivers, pedestrians, The following are exempt from the
senior citizens, and the visually impaired provisions of this ordinance
from the glare of non-vehicular light
sources that can impair safe travel; A. Single and two ,f imily re idential
uses.
C. Promote efficient and cost
effective lighting; B. Street I ghts installed pri r to the
Ifective date; f this = rdinance.
D. Allow for flexibility in the style I
of light fixtures; '' C. Navig in 71
I ghts (i.e. I- orts,
heli orts, radio/television toWei
E. Reduce atmos�p$e. c light `' Ai
pollution.-� .- f /' ID. Seasonal decorations with
mdivi"duualdgth s in place no longer than
% 02 APPLICa 131 L1 Y.- ' 60odays.
1C All oul8 r l.1 Itting fiz fires E. Sports field outdoor lighting (i.e.
Ji stalled oGpnvatand public ball fields, soccer fields)
property eft r the-- ``~ ctive date of
is ordinartcc shall comply. This F. Other special situations approved
dineshall not apply to single or by the City for temporary or periodic
"' amily residential dwellings. events (i.e. parades, festivals, etc.)
B. All outdoor lighting fixtures G. Security lights of any wattage that
existing and legally installed and are controlled by a motion-sensor switch
operative before the effective date of and which do not remain on longer than
this ordinance are exempt from these 12 minutes after activation.
requirements unless they are
determined to create a disabling H. Flags displaying national, state, or
glare as defined by this ordinance. local governmental bodies. Flags
advertising businesses are not exempt
C. When an existing fixture is from the provisions of this ordinance.
replaced, the replacement fixture